Legal Opinion

Mayor of Frederick v. Groshon

Court of Appeals of Maryland

Decided April 13, 1869PublishedCited by 18 opinions

Appeal from the Circuit Court for Frederick County, in Equity. The appeal in this case is from a decree making perpetual an injunction restraining the appellant from taking possession of certain land of the appellee in Frederick city, condemned by the city for certain public uses. The nature of the case is fully stated in the opinion of the Court.

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Appeal from the Circuit Court for Frederick County, in Equity. The appeal in this case is from a decree making perpetual an injunction restraining the appellant from taking possession of certain land of the appellee in Frederick city, condemned by the city for certain public uses. The nature of the case is fully stated in the opinion of the Court. The cause was argued before Babtol, C. J., Stewart, GeasoN, Miller and Alvey, J. Where there is full, adequate and complete remedy at law, equity will not interfere. Williams vs. West, 2 Md., 174; Clayton, et al. vs. Carey, 4 Md., 26. If the repeal…

1Opinion of the CourtAlvey, J.

The object of the bill in this case was to obtain an injunction to restrain the appellants, a municipal corporation, from appropriating the land and premises of the appellee to public purposes.

The appellee alleged that the appellants had proceeded by inquisition to condemn some part of his premises for the use and purpose of the town, and that they had, by virtue of such *442condemnation, entered upon and taken possession of the land so condemned, and were then engaged-in excavating, digging up and removing the soil of such land; and that the business of the appellee, being that of a coal dealer,…

2Cases cited3 opinions

  1. White v. FlannigainCourt of Appeals of Maryland · 1852
  2. Reddall v. BryanCourt of Appeals of Maryland · 1859
  3. Western Maryland Rail Road v. OwingsCourt of Appeals of Maryland · 1860

3Cited by18 opinions

  1. Atkin v. KansasSupreme Court of the United States · 1903
  2. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  3. Byars v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Hall v. UnderwoodSupreme Court of Alabama · 1953
  5. Walker v. Acting DirectorCourt of Appeals of Maryland · 1979

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