Dilley v. Shipley
Court of Appeals of Maryland
Appeal from the Equity side of Allegany county court. The bill in this cause was filed on the 8th May 1843, by Joseph Dilley and George W. Bedford, and alleged, that Frederick Shipley obtained two judgments, against George H. Krebs Sf Co., which said G. H. K. is since dead, and insolvent; and Charles W. Krebs, the only other partner in said firm of G. FI. K. if Co., is also now insolvent.
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Appeal from the Equity side of Allegany county court. The bill in this cause was filed on the 8th May 1843, by Joseph Dilley and George W. Bedford, and alleged, that Frederick Shipley obtained two judgments, against George H. Krebs Sf Co., which said G. H. K. is since dead, and insolvent; and Charles W. Krebs, the only other partner in said firm of G. FI. K. if Co., is also now insolvent. The said F. S. recovered the said judgments before one S. A. Leckey, a justice of the peace of the said county, against the said G. II K. Sp Co., on the 2nd April 1842. One for the amount, of $34.15, debt,…
1Opinion of the Court
Dorsey, J.,
delivered the following dissenting opinion, in which Spence, J., united.
*53That the grounds of my dissent from the opinion of the court may not be misunderstood, I proceed briefly to state them.
I hold it to be a clear principle of chancery jurisdiction, that before a court of chancery will, by way of injunction, interpose its authority to prevent the execution of judicial process, issuing from a court of law, of competent jurisdiction, it must be made to appear, that the service of such process is against equity and conscience; or that it would exact from the party complainant, the…
2Cited by2 opinions
- Brumbaugh v. SchneblyCourt of Appeals of Maryland · 1852
- Smith v. BowesCourt of Appeals of Maryland · 1873