Levy v. Taylor
Court of Appeals of Maryland
Appeal from, the Superior Court of Baltimore City. This is an action upon the injunction "bond filed in the case of Rich et al. vs. Levy, reported in 16 Md. Rep., 74, the record of which case is "by agreement to be treated as if set out in the several bills of exceptions.
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Appeal from, the Superior Court of Baltimore City. This is an action upon the injunction "bond filed in the case of Rich et al. vs. Levy, reported in 16 Md. Rep., 74, the record of which case is "by agreement to be treated as if set out in the several bills of exceptions. The plaintiffs, now appellants, were the defendants in that case, and the appellee, who in this action was sued, together with Rich, who was not found, became a party complainant in that case in the progress of the proceedings. The material facts of the case are stated in the opinion of this Court.
1Opinion of the CourtWeisel, J.
The suit in this case being upon an injunction bond, and the defendant (the appellee) being the surety in the bond, he, after oyer, pleaded general performance and for a further plea, that whilst the writ of injuntion was in full force and effect, a certain William W. Taylor and others named, filed their petition in the cause in which *289the injunction was prayed and granted, praying for leave to become parties complainants with Thomas R. Rich, the original complainant therein, which said leave was granted by order of the Court of April 14, 1857, admitting the petitioners as co-plaintiffs, who,…
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