White v. Flannigain
Court of Appeals of Maryland
Appeal from the equity side of the Superior Court of Baltimore city. This cause was argued on bill and answers. The original bill in this case was filed to obtain the opening of a forty-five foot street in the city of Baltimore, which was obstructed by the defendant below, Flannigain, by his co-defendants, the Trimbles, and by their tenant Taylor.
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Appeal from the equity side of the Superior Court of Baltimore city. This cause was argued on bill and answers. The original bill in this case was filed to obtain the opening of a forty-five foot street in the city of Baltimore, which was obstructed by the defendant below, Flannigain, by his co-defendants, the Trimbles, and by their tenant Taylor. The amended bill made other persons defendants, who obstructed the same street in other parts of it, but as these other persons, viz: Kirbys and West, assent to the decree asked for, it is not necessary to further notice this part of the case here.…
1Opinion of the CourtLe Grand, C. J.
The order which we pass in this cause, makes it our duty, *540under the act of 1832, ch. 302, to dispose of all the questions which may arise out of the record.
Several objections have been urged to the equity set up in the bill of complaint. These are as follows:
1st. That the street in question, is not such a street as gives to the complainant any right to its use.
2nd. That if■ it be such a street, yet the complainant has mistaken his remedy, which, it is claimed, is at law, and not in equity.
3rd. That the averments in the bill, are insufficient.
We propose briefly to examine these points of…
2Cases cited2 opinions
- Geiger v. GreenCourt of Appeals of Maryland · 1846
- Hamilton v. ElyCourt of Appeals of Maryland · 1846
3Cited by65 opinions
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Pettis v. JohnsonIndiana Supreme Court · 1877
- Callahan v. ClemensCourt of Appeals of Maryland · 1945
- Moore v. McAllisterCourt of Appeals of Maryland · 1958
- Witsen v. GutmanCourt of Appeals of Maryland · 1894
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