Legal Opinion

Burch v. Scott

Court of Appeals of Maryland

Decided December 15, 1829PublishedCited by 18 opinions

Appeal from the Court of Chancery. On the Í4íh of June, 1823, the appellants filed their bill against the appellee, upon which an injunction and subpoena issued, and were served to September term, 1823, when the defendant not appearing, an attachment issued against him, and he was returned attached to December term, 1823. The attachment was renewed, and the defendant was returned attached to March term, 1824. On the 30th of March, 1824, an order was passed to take the hill…

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Appeal from the Court of Chancery. On the Í4íh of June, 1823, the appellants filed their bill against the appellee, upon which an injunction and subpoena issued, and were served to September term, 1823, when the defendant not appearing, an attachment issued against him, and he was returned attached to December term, 1823. The attachment was renewed, and the defendant was returned attached to March term, 1824. On the 30th of March, 1824, an order was passed to take the hill pro confesso, fyc. A service of this order on the defendant, was proved on the 1st of May, 1824. At March term, 1825,…

1Opinion of the CourtStephen, J.

Considerable difficulty has been felt in coming to a decision in this case, which involves principles of practice not of very frequent occurrence, and which affect in a high degree, the regular and ordinary administration of equitable jurisprudence. It appearsby the proceedings in the court below, and which have been brought up here on appeal, that a controversy exists as to the right of property in certain negroes, or the proceeds for which they have been sold, between the representatives of Jesse Burch, and those of a certain Kinsey Gitlings. To recover these proceeds and to have a…

2Cited by18 opinions

  1. Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
  2. Herbert v. RowlesCourt of Appeals of Maryland · 1869
  3. Kennedy v. Foley, ReceiverCourt of Appeals of Maryland · 1965
  4. Downes v. FrielCourt of Appeals of Maryland · 1882
  5. Pressler v. PresslerCourt of Appeals of Maryland · 1919

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