Belt v. Blackburn
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, in Equity. This case was before this Court on a former occasion, (vide 22' Md. Rep., 447,) on an appeal from an order, dated the 21st of April, 1863, granting an injunction to prevent Richard S. Blackburn, the administrator of Dr. David Craufurd, and one of the present appellees, from making distribution of the estate of his intestate.
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Appeal from the Circuit Court for Prince George’s County, in Equity. This case was before this Court on a former occasion, (vide 22' Md. Rep., 447,) on an appeal from an order, dated the 21st of April, 1863, granting an injunction to prevent Richard S. Blackburn, the administrator of Dr. David Craufurd, and one of the present appellees, from making distribution of the estate of his intestate. This Court, under the circumstances of the case as then presented, affirmed the order granting the injunction, and remanded the cause for further proceedings. The case was re-instated, and further…
1Opinion of the CourtRobinson, J.
The preliminary questions, raised upon the state of the pleadings in this cause, were correctly decided by the Special Judge, for the reasons assigned by him, in the able and learned opinion, filed in the Court below. It is well established, that a party may either expressly or impliedly, waive a right or advantage, which he might have enforced in proper time and manner. This principle, recognized alike by Courts of Law and Equity, applies with peculiar force to this case. The bill was filed in April; 1863, and the answer, in May, following. Upon the prayer of Blackburn, one of the defendants…
2Cases cited1 opinion
- Balch v. ZentmeyerCourt of Appeals of Maryland · 1840
3Cited by13 opinions
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- Wagner v. ScurlockCourt of Appeals of Maryland · 1934
- Kaouris v. KaourisCourt of Appeals of Maryland · 1991
- Hutton v. MarxCourt of Appeals of Maryland · 1888
- Stewart v. McCaddinCourt of Appeals of Maryland · 1908
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