Hill v. Reifsnider
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County, in Equity. The original bill in this case was filed by the appellant, John T. Hill against Charles T. Reifsnider, for an injunction to restrain the executor of a judgment confessed by the former id favor of the latter, and by him subsequently assigned to the appellees, Fritchey & Thomas. It having been decided by this Court (Hill vs. Reifsnider, 39 Md., 129,) that Fritchey & Thomas were necessary parties.
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Appeal from the Circuit Court for Carroll County, in Equity. The original bill in this case was filed by the appellant, John T. Hill against Charles T. Reifsnider, for an injunction to restrain the executor of a judgment confessed by the former id favor of the latter, and by him subsequently assigned to the appellees, Fritchey & Thomas. It having been decided by this Court (Hill vs. Reifsnider, 39 Md., 129,) that Fritchey & Thomas were necessary parties. An amended bill was filed making them parties, and calling on them for a discovery under oath of the transactions between themselves and the…
1Opinion of the CourtRobinson, J.
In this case the appellant seeks to restrain the execution of a judgment on the ground of fraud, and also prays for a discovery on oath as to the dealings between Fritchey & Thomas and himself prior to and up to the rendition of the judgment.
There seemed to be no difficulty whatever as to the right of the complainant to the relief prayed, provided the proof was sufficient to sustain the allegations in the bill. But fraud is never presumed, and to justify a Court of equity in setting aside, ar in any manner interfering with a judgment on this ground, the fraud must be clearly and conclusively…
2Cases cited3 opinions
- Gott v. CarrCourt of Appeals of Maryland · 1834
- Kearney v. SascerCourt of Appeals of Maryland · 1873
- Prather v. PratherCourt of Appeals of Maryland · 1840
3Cited by4 opinions
- Krause v. KrauseNorth Dakota Supreme Court · 1915
- Beard v. BlileyColorado Court of Appeals · 1893
- George v. Farmers' & Merchants' National BankCourt of Appeals of Maryland · 1928
- Beard v. BlileyColorado Court of Appeals · 1893