Busey v. Hooper
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill in this case, filed by the appellants on the 24th day of March, 1871, states that certain parties were incorporated by the Act of 1870, eh. 438, by the name of “The Citizens’ Railway Company/’ with power to lay and construct passenger railways in the city of Baltimore — that the capital stock was fixed at $300,000, divided into shares of $20 each; that the affairs of said corporation were to be managed by a president…
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Appeal from the Circuit Court of Baltimore City. The bill in this case, filed by the appellants on the 24th day of March, 1871, states that certain parties were incorporated by the Act of 1870, eh. 438, by the name of “The Citizens’ Railway Company/’ with power to lay and construct passenger railways in the city of Baltimore — that the capital stock was fixed at $300,000, divided into shares of $20 each; that the affairs of said corporation were to be managed by a president and seven directors; that the parties named in the Act (eleven in number) should choose from their own number a…
1Opinion of the CourtBowie, J.
Two prominent questions are presented by the record in this cause, either of which is decisive, without inquiring into all the minor and collateral issues raised in the briefs, viz:
1st. Had the complainants such adequate and complete remedy at law, as would deprive them of the aid of a Court of Equity?
2d. If the complainants have a right to equitable interposition, have they established their claim to the relief prayed for?
The jurisdiction of the Court depends upon the allegations of the bill. They furnish the facts (sometimes termed jurisdictional,) which determine whether the remedy is at…
2Cases cited5 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Spear v. CrawfordNew York Supreme Court · 1835
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- Elysville Manufacturing Co. v. Okisko Co.Court of Appeals of Maryland · 1853
- House v. HouseCourt of Appeals of Maryland · 1820
3Cited by6 opinions
- Hill v. NisbetIndiana Supreme Court · 1885
- Baltimore City Passenger Railway Co. v. HambletonCourt of Appeals of Maryland · 1893
- Supreme Lodge, Order of the Golden Chain v. SimeringCourt of Appeals of Maryland · 1898
- Maryland Tube & Iron Works v. West End Improvement Co.Court of Appeals of Maryland · 1898
- Boston & Albany Railroad v. CommonwealthMassachusetts Supreme Judicial Court · 1892
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