Ellicott v. Search
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. On the petition of the appellees, it was ordered on the lYth of August, 1889, by the Court of Common Pleas, that a summons be issued against the Search Soap Company of Baltimore County, a body corporate, requiring it to appear and show cause why it should not be adjudicated an insolvent; and at the same time an order, in the nature of an injunction, was issued restraining the appellants and others from proceeding to enforce a mortgage…
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Appeal from the Court of Common Pleas. On the petition of the appellees, it was ordered on the lYth of August, 1889, by the Court of Common Pleas, that a summons be issued against the Search Soap Company of Baltimore County, a body corporate, requiring it to appear and show cause why it should not be adjudicated an insolvent; and at the same time an order, in the nature of an injunction, was issued restraining the appellants and others from proceeding to enforce a mortgage made to them by said corporation less than four months prior to the filing of said petition. The appellants demurred to…
1Opinion of the CourtRobinson, J.
We cannot agree with the Court below, that the Legislature meant by the Act of 1888, chap. 383, codified as *24sec. 15, Art. 41, of the Code, to subject corporations to-the insolvent laws of this State. Prior to this Act, they were not, it is conceded, amenable or subject in any manner to such laws, and not being liable to imprisonment for debt, nor liable for the payment of debts beyond the corporate property itself, it may well be questioned whether they come within the policy or spirit of the insolvent system.
Now, what is the Act of 1888? Its title is, “An Act to provide for the payments of…
2Cited by5 opinions
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