Dittman v. Repp
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The facts of the case are stated, in the opinion of the Court. The appellants contend that a full case must he made out by the hill, otherwise the order for an injunction must he reversed. If the appellee has a remedy at law, the extraordinary and summary process of injunction must not he set in motion.
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Appeal from the Circuit Court of Baltimore City. The facts of the case are stated, in the opinion of the Court. The appellants contend that a full case must he made out by the hill, otherwise the order for an injunction must he reversed. If the appellee has a remedy at law, the extraordinary and summary process of injunction must not he set in motion. Banks, &c. vs. Busey, 34 Md., 437; Hankey vs. Abrahams, 28 Md., 588; Johnston vs. Glenn, et ad., 40 Md., 200. The bill should show that the appellee made a proper effort to prevent the erection of the steam engine, in the mode provided in the…
1Opinion of the CourtAlvey, J.
The appeal in this case is from an order granting an injunction, and, under our practice, it is to he considered on the allegations of the hill alone, irrespective of the answer. If the defendants had desired the benefit of their answer, they should, upon filing it, have moved to dissolve the injunction, and then, on an appeal from the order disposing of that motion, the answer would have been before us for consideration. They have not pursued that course, however, and their answer cannot he considered.
The complainant alleges that he and the defendants occupy adjoining premises on Bond street…
2Cases cited2 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Adams v. MichaelCourt of Appeals of Maryland · 1873
3Cited by43 opinions
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Woodyear v. SchaeferCourt of Appeals of Maryland · 1881
- Yeager and Sullivan, Inc. v. O'NEILLIndiana Court of Appeals · 1975
- Mayor of Baltimore v. Fairfield Improvement Co.Court of Appeals of Maryland · 1898
- Bragg v. IvesCourt of Appeals of Virginia · 1927
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