Whalen v. Dalashmutt
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. The hill iu this case was filed hy the appellee against the appellant; and the appeal is taken from the decree of the Court below, (Lynch, J.) making perpetual the injunction asked for in the bill. The case is stated in the opinion of the Court.
1Opinion of the CourtAlvey, J.
The claim on the part of the defendant to the exclusive user of the alley mentioned in the bill, and to the right to replace the stair-way removed therefrom, having been renounced hy him in such unconditional ánd unequivocal manner as to preclude him in this, or in any other like pro*252ceeding, from re-asserting such claim, that ground of the plaintiff’s hill for an injunction is completely removed. Eor it is a well settled principle in the practice of injunction, that where a defendant asserts positively that it is not his intention to dó a certain act, or to violate any particular right…
2Cases cited4 opinions
- White v. FlannigainCourt of Appeals of Maryland · 1852
- Amelung v. SeekampCourt of Appeals of Maryland · 1838
- Hamilton v. ElyCourt of Appeals of Maryland · 1846
- Lanahan v. GahanCourt of Appeals of Maryland · 1872
3Cited by23 opinions
- Moore v. McAllisterCourt of Appeals of Maryland · 1958
- Martin v. Howard CountyCourt of Appeals of Maryland · 1998
- Oberheim v. ReesideCourt of Appeals of Maryland · 1911
- Dundalk Holding Co. v. EasterCourt of Appeals of Maryland · 1958
- Smith v. MyersCourt of Appeals of Maryland · 1917
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