Windwart v. Allen
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore city. The bill in this case was filed on the 31st of July 1856, by the appellant against the appellee, for an injunction to restrain execution of two writs of Ji. fa., issued upon two judgments of condemnation in attachments, obtained by the defendant against tbe complainant, as garnishee of one Seibert, before Parsons, a justice of the peace of Baltimore county.
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Appeal from the Circuit Court for Baltimore city. The bill in this case was filed on the 31st of July 1856, by the appellant against the appellee, for an injunction to restrain execution of two writs of Ji. fa., issued upon two judgments of condemnation in attachments, obtained by the defendant against tbe complainant, as garnishee of one Seibert, before Parsons, a justice of the peace of Baltimore county. The complainant in his bill alleges, that the transactions between himself and Seibert, had been settled, by his giving the latter his two notes, one of which became due and was paid, and…
1Opinion of the CourtTuck, J.
Courts of chancery do not lightly interfere with judgments at law, and relief will not be granted, if the party has had an opportunity of making his defences. Fowler vs. Lee, 10 G. & J., 358. Prather vs. Prather, 11 G. & J., 110.
Conceding that the complainant had a defence in bar of the attachment issued and laid in his hands, as a debtor of Seibert, we must inquire whether he had an opportunity of making that defence. Intendments will be made in support of the acts of ministerial officers, where they appear by the return of process to have discharged their duty, and the onus probandi rests…
2Cases cited4 opinions
- Brumbaugh v. SchneblyCourt of Appeals of Maryland · 1852
- Fowler v. LeeCourt of Appeals of Maryland · 1839
- Prather v. PratherCourt of Appeals of Maryland · 1840
- Tabler v. CastleCourt of Appeals of Maryland · 1858
3Cited by15 opinions
- Ashe v. SpearsCourt of Appeals of Maryland · 1971
- Masterson v. AshcomTexas Supreme Court · 1881
- Darrell v. BiscoeCourt of Appeals of Maryland · 1902
- Kaylor v. WilsonCourt of Appeals of Maryland · 1971
- Weinreich, Adm'x v. WalkerCourt of Appeals of Maryland · 1964
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