Dilly v. Barnard
Court of Appeals of Maryland
Appeal from the equity side of Mlegany county court. On the 27th April, 1831, the appellants filed their bill, charging that, on the 9th October, 1824, the said Barnard, being indebted to each of the appellants, and to a certain John Brandt in divers sums, to secure the same, and to enable Barnard (then insolvent, or greatly embarrassed) to comply with a contract between him and John Strider, for walnut musket stocks, agreed in writing with the said Brandt and these…
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Appeal from the equity side of Mlegany county court. On the 27th April, 1831, the appellants filed their bill, charging that, on the 9th October, 1824, the said Barnard, being indebted to each of the appellants, and to a certain John Brandt in divers sums, to secure the same, and to enable Barnard (then insolvent, or greatly embarrassed) to comply with a contract between him and John Strider, for walnut musket stocks, agreed in writing with the said Brandt and these appellants, to transfer into the hands of the appellants, all the gun stocks at, &c. and also all the plank and walnut timber…
1Opinion of the CourtStepheN, Judge
The appellants in this case, filed their bill to be relieved against a judgment rendered on the common law side of Allegany county court, on the ground of its being contrary to equity, and obtained mala fide and by surprise. The principles upon which courts of equity grant relief in such cases, have been frequently the subject of decision by that tribunal, not only in England, and in our sister states, but have also been authoritatively settled by this court.
The merits of this case, therefore, as was correctly observed in the argument, resolve themselves more into a question of fact than a…
2Cases cited2 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
3Cited by2 opinions
- Briesch v. McCauleyCourt of Appeals of Maryland · 1848
- Miller v. DuvallCourt of Appeals of Maryland · 1866