Norris v. Campbell
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from a decree of the Circuit Court of Baltimore City, granting a perpetual injunction, to restrain proceedings at law, upon a fierifacias issued out of the Court of Common Pleas of Baltimore City, on a judgment rendered by the said Court on the 14th of January, 1863, in a suit in which the appellants, Wm.
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Appeal from the Circuit Court of Baltimore City. The appeal in this case was taken from a decree of the Circuit Court of Baltimore City, granting a perpetual injunction, to restrain proceedings at law, upon a fierifacias issued out of the Court of Common Pleas of Baltimore City, on a judgment rendered by the said Court on the 14th of January, 1863, in a suit in which the appellants, Wm. B. Norris, John K. Caldwell and Jacob Norris, trading as Norris, Caldwell & Co., were plaintiffs, and the appellee, as surviving partner of Campbell & James, was defendant. The appellee, in his bill of…
1Opinion of the CourtCrain, J.
We think, upon principle, as well as upon the authority of numerous adjudged cases, the injunction was improperly granted in this case, and the decree of the Circuit Court of Baltimore City ought to be reversed. In the bill there is no fact stated to show that fraud was committed in the obtaining the judgment, and there is no *692evidence that any was committed. The only .ground for the relief asked against the judgment, is the fact averred in.the bill, that the appellee had not been in the State of Maryland, with the exception of a few days, from the commencement of the suit up to the time of…
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