Ewing v. Nickle
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County, in Equity. The bill of complaint of Ambrose Ewing charged, that on or about the 5th of August, 1874, a certain James S. bfickle, as agent for James Nickle, Sr., instituted a suit against the complainant before a justice of the peace, to recover a sum of money alleged to be due him on open account by the complainant; that the complainant was summoned and appeared on the return day; that James S. Nickle also appeared at the same…
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Appeal from the Circuit Court for Cecil County, in Equity. The bill of complaint of Ambrose Ewing charged, that on or about the 5th of August, 1874, a certain James S. bfickle, as agent for James Nickle, Sr., instituted a suit against the complainant before a justice of the peace, to recover a sum of money alleged to be due him on open account by the complainant; that the complainant was summoned and appeared on the return day; that James S. Nickle also appeared at the same time and exhibited his account against the complainant, who then and there exhibited an account in bar amounting to more…
1Opinion of the CourtAlvey, J.
To entitle the complainant to the aid of a Court of equity to restrain, by injunction, the execution of the judgment of the justice of the peace rendered against him, it was incumbent upon him to allege in his bill, and plainly show in proof, that it is against equity and good conscience that the judgment should be enforced. He must not only show there is injustice in the rendition or enforcement of the judgment, but he must also show that his own conduct and dealings with the matter have been in all respects fair and consistent with equity.' If he has been negligent and inattentive to the…
2Cases cited3 opinions
- Briesch v. McCauleyCourt of Appeals of Maryland · 1848
- Kilmore v. SudamNew York Supreme Court · 1811
- Myer v. FisherNew York Supreme Court · 1818
3Cited by2 opinions
- Parker v. BerrymanCourt of Appeals of Maryland · 1938
- Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884