Public-domain · open source
OpenJurist

16 Md. 85

Lewis v. Levy

Court of Appeals of Maryland

Decided June 7, 1860

Court of Appeals of Maryland · decided 1860-06-07

The bill in this case, filed on the 15th of January 1857, by the appellee against the appellants, sets up the mortgage of the 15lh of December 1856, from Charlotte Levy to the complainant, referred to in the preceding case of Rich, et al., vs. Levy, et al., and alleges that the defendants, Lewis, Bros. & Co., as judgment creditors of said Charlotte, had, on the 13th of January 1857, issued an. execution on their judgment and caused the same to be levied on the goods covered…

Cited by 1 later decisions — most recently May 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-07

View the full empirical analysis of this case →

Tuck, J.,

¶1delivered the opinion of this court.

¶2The appellants have suggested one ground of error in the present record that we think conclusive of the case; we need not, therefore, express any opinion as to the other points so fully argued.

¶3There is nothing here which distinguishes the case from many others, in which it has been held that an injunction will not lie. The complainant, claiming goods in a store, on which the appellants levied an execution against a third party, under whom the complainant asserts title, seeks the restraining process of equity to prevent their being sold under that writ. The bill does not show that the property was f such a character, or possessed such peculiar value, or interest *91to the owner, that he could not be adequately compensated by damages at law. If this injunction can be maintained, we can scarcely imagine a case where the execution of a judgment at law could not be prevented, and plaintiffs altogether frustrated in the recovery of just demands, even when asserted in the most solemn form.

(Decided June 7th, 1860.)

¶4In the case of Bridges, et al.,vs. M'Kenna, 14 Md. Rep., 258, relief was granted, but merely on the ground that the complainant, being a feme covert, could obtain redress in a court of equity. But for that reason the bill would have been dismissed.

¶5We do not consider that there is any thing in the record showing that, the defendants below waived their right to pro. ceed against the property in question.

¶6Decree reversed, and bill dismissed with costs.

/16/md/85 · .json · Public domain