Huston v. Ditto
Court of Appeals of Maryland
Appeal from the Equity side of the Circuit Court for Washington County. The bill of complaint in this case was filed on the 28th of December 1859, by the appellees, terre-tenants and executors of William Ditto, against the appellants.
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Appeal from the Equity side of the Circuit Court for Washington County. The bill of complaint in this case was filed on the 28th of December 1859, by the appellees, terre-tenants and executors of William Ditto, against the appellants. The material facts set forth in the bill are as follows: On the 27th November 1847, James B. Ditto, by his attorney, confessed a judgment in Washington County Court in favor of Cyrus Huston on a bond for $4000, -with interest from 27th May 1839 and costs, with this entry thereon: “All credits made to appear to Isaac Nesbit, to be allowed.” The power of attorney…
1Opinion of the CourtBowie, C. J.
The primary and preliminary question in this, as in all cases of injunction to stay proceedings at law after judgment, is, had the appellees, the complainants below, adequate relief and opportunity of defence at law; or was there a defence, of which, without fault or negligence in themselves, they could not avail at law, so that it is against conscience to execute the judgment sought to be enjoined? Story’s Equity, 887, 894. 7 Cranch, 332. Barnes vs. Dodge, 7 Gill, 118. White & Tudor’s Equity Cases, vol. 2, pt. 2, p. 98. It is the settled doctrine of the English Chancery, not to relieve…
2Cases cited16 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Alexander v. Mayor of BaltimoreCourt of Appeals of Maryland · 1847
- Boyd v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1861
- Windwart v. AllenCourt of Appeals of Maryland · 1859
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3Cited by10 opinions
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- Kelly v. Mayor of BaltimoreCourt of Appeals of Maryland · 1880
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- Skok v. StateCourt of Special Appeals of Maryland · 1998
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