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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 99   View pdf image (33K)
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BINNEY'S CASE. 99

5th September, 1829.—BLAND, Chancellor.—Ordered, that the
Register be and he is hereby directed to receive from the said Igna-
tius Manning, the sum of £353 7s. 0d., with legal interest due there-
on, and deposit the same in the Farmer's Bank of Maryland in the
usual manner, subject to the further order of this court; that sum
with interest being the amount ordered to be paid, or brought into
court by the said Manning by the order of the 15th day of* June
last; and the register is further directed, on receipt of the said sum
of money, to give the said Manning a receipt in full for the same in
discharge of the said order.

After which, on the application of the administrator, James Boar-
man the whole amount, so brought into court was paid to him; and
thus this court finally delivered itself from all further concern with
the estate of the deceased lunatic.

BINNEY'S CASE.

When an attachment is in the nature of mesne process, the Sheriff may take bail for
the party's appearance; and on a return cepi, the sheriff may be ordered to bring in
the body; or.he may sue upon the bail bond. It is the better mode, in most cases,
to decide on the motion to dissolve the injunction, before an attachment for the
breach of it is disposed of.

The court frequently refuses an injunction where it acknowledges a right, when the
conduct of the party complaining has led to the state of things, that occasions the
application; but, in most cases, to obtain an injunction, it is sufficient, that the
question is important and doubtful. In some cases the injunction is granted by a
special order, allowing a motion to dissolve, to be heard at an early day. The
making of a substantial amendment dissolves the injunction of course, unless
expressly saved. An answer, which purports to be the answer of several; but is
not sworn to by all of them, may be taken off the file; or considered as the answer
of him only who has sworn to it. A defendant may sufficiently answer, by
adopting the answer of his co-defendant.—No one is a party to the suit against
whom no process is prayed.—A misnomer may be waived, but if relied on, it is fatal.

Where the legal capacities of parties, as charged, are different; such capacities must
be considered as if they were different persons.—A corporation can only be called
on to answer by its proper name.—All corporations are subject to a visitatorial
power; or to some legal control.—In general, a corporation may alien all, or any
of its property at pleasure.

A natural mill-site described.—It is not illegal to erect a new mill near to, and in
rivalship of an old one.—The power conferred on the Potomac Company in regard
to mills considered.—The nature and application of a presumption of right as to
certain mill-sites.

The Potomac river belongs entirely to Maryland—above tide, it was not originally
deemed a navigable river; but has been made so, in a qualified manner, by law.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 99   View pdf image (33K)
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