Beard v. Hubble
Court of Appeals of Maryland
Appeal from the equity side of Washington county court. The bill in this case was originally filed by the testator of the appellant against the appellees. The allegations of the hill and answers, and all the facts of the case, are very fully stated in the fallowing opinion of the court below, delivered by his honor, judge Marshall.
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Appeal from the equity side of Washington county court. The bill in this case was originally filed by the testator of the appellant against the appellees. The allegations of the hill and answers, and all the facts of the case, are very fully stated in the fallowing opinion of the court below, delivered by his honor, judge Marshall. “The object of the bill filed in this cause, is to obtain a •perpetual injunction upon a judgment against the complainant, ip favor of a certain Jacob Brewer of J. j now deceased, for $2179.1.9, with interest from the 25th of August, 1845. The judgment was signed…
1Opinion of the CourtMagruder, J.
In a case like this the court may not be certain that a complainant is not entitled to any portion of the relief which he asks, and yet may be bound to dismiss his bill. The evidence on which he relies must be satisfactory, indeed, that the mistake which he charges was committed.
More than seven years before the bill was filed, the original complainant gave to the intestate of one of the defendants his note, and shortly afterwards confessed judgment for the amount due on said note. As late as the year 1846, this judgment being en-ed satisfied, a second judgment was confessed for the sum then…
2Cited by5 opinions
- In Re Ricards' Trust EstateCourt of Appeals of Maryland · 1903
- White v. ShafferCourt of Appeals of Maryland · 1917
- Appeal of HewittCourt of Appeals of Maryland · 1881
- Hunt v. StuartCourt of Appeals of Maryland · 1880
- McDonnell v. MilhollandCourt of Appeals of Maryland · 1878