Webster v. Hardisty
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, sitting in Equity. This appeal was taken from an order, passed on the 2d of' April, 1866, continuing an injunction which had been previously granted, on the application of the appellees, to stay an execution on a judgment recovered against them by the appellant. The facts of the case are sufficiently stated in the opinion of this Court.
1Opinion of the CourtMiller, J.
Where a motion to dissolve is heard upon bill and answer, the responsive allegations of the latter must be taken to be true, and if the equity of the bill is sworn away by the answer, the injunction must be dissolved. It is insisted however that this case comes within the rule stated in Alex’s. Ch. Prac., 87, *597and in Lynch vs. Colegate, 2 H. & J., 34, by Chancellor Hanson, that “whenever, on motion to dissolve, it appears from the answer that the complainant was entitted to an injunction at the time of obtaining it, the same shall continue until final hearing, or further order, unless the…
2Cases cited4 opinions
- Gott v. CarrCourt of Appeals of Maryland · 1834
- Huston v. DittoCourt of Appeals of Maryland · 1863
- Briesch v. McCauleyCourt of Appeals of Maryland · 1848
- Lynch v. ColegateCourt of Appeals of Maryland · 1806
3Cited by5 opinions
- George v. Farmers' & Merchants' National BankCourt of Appeals of Maryland · 1928
- McCormick v. McCormickCourt of Appeals of Maryland · 1906
- Dougherty v. PietCourt of Appeals of Maryland · 1879
- Hampson v. AdamsArizona Supreme Court · 1899
- Wenzel v. MilburyCourt of Appeals of Maryland · 1901