Binney's Case
High Court of Chancery of Maryland
On the 22d of June, 1829, Amos Binney, of Boston, in Massachusetts, filed this bill against The President and Directors of the Chesapeake and Ohio Canal Company and Isaac McCord, praying for an injunction to .prohibit the doing of certain acts, which, he alleged, would be greatly and irreparably injurious to his rights and property — and, on the same day, an injunction was granted as prayed; with leave to the defendants to move for its dissolution, at any time after filing…
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On the 22d of June, 1829, Amos Binney, of Boston, in Massachusetts, filed this bill against The President and Directors of the Chesapeake and Ohio Canal Company and Isaac McCord, praying for an injunction to .prohibit the doing of certain acts, which, he alleged, would be greatly and irreparably injurious to his rights and property — and, on the same day, an injunction was granted as prayed; with leave to the defendants to move for its dissolution, at any time after filing their answers; on giving to the plaintiff, or his solicitor, ten days notice thereof. Upon which an injunction was issued…
1Opinion of the Court
Bland, Chancellor.
It is certain, that in all cases where an attachment from this court is in the nature of mesne process; or where, as in this instance, it has been issued, upon an exparte affidavit, for a contempt, of which the party may clear himself by answering interrogatories, or shewing cause, the sheriff may take bail for the party’s appearance; and although the sheriff is not bound to take bail, yet if he does do so, he may sue and recover upon the bail bond, in case the party should fail to appear, (a) Upon a return of cepi corpus, the course in England, now is, to send a messenger…
2Cases cited16 opinions
- Foster v. NeilsonSupreme Court of the United States · 1829
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- Vanhorne v. DorranceSupreme Court of the United States · 1795
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
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