Gardner v. Jenkins
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore City. This appeal is from an order granting an injunction to restrain execution of a judgment, upon a bill filed on the 19th of February 1859, by the appellee, against the appellant.
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Appeal from the Circuit Court for Baltimore City. This appeal is from an order granting an injunction to restrain execution of a judgment, upon a bill filed on the 19th of February 1859, by the appellee, against the appellant. The bill alleges, that the defendant, Gardner, claiming a certain amount of money to be due him from the complainant, brought suit on his supposed claim, in the Superior Court of Baltimore city, and that the writ in the case was directed, as usual, to the sheriff of the city, and placed in the hands of a deputy, who proceeded outside of his bailiwick and went into…
1Opinion of the CourtLe Grand, C. J.
We think the injunction improperly issued in this case, and that the order should be reversed. The bill does not allege way fraud on the part of the appellant, but merely against the deputy of the sheriff of Baltimore city, and this fraud is averred to consist in the fact,that the summons was served on the appellee without the limits of the city and within those of tho county of Baltimore, and in the failure of the officer to report the appellee as ‘Aion est,” he being informed of the residence of the appellee in the county, and promising so to report the fact.
The bill admits that the…
2Cited by8 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Miedreich v. LauensteinSupreme Court of the United States · 1914
- Colson v. LeitchIllinois Supreme Court · 1884
- Masterson v. AshcomTexas Supreme Court · 1881
- Gotham Hotels, Ltd. v. Owl Club, Inc.Court of Special Appeals of Maryland · 1975
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