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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 532   View pdf image (33K)
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532 BILLINGSLEA v. GILBERT.—1 BLAND.

* After which a proper and sufficient bond having been
567 filed and approved, an injunction was granted as prayed,
and issued accordingly.

The defendant Gilbert sent a paper purporting to be his answer
by mail directed to the Chancellor; which, although not sworn to,
was filed, on the 28th of December, 1824, as the defendant's
answer. In the month of March, 1825, the plaintiff Billingslea
was taken with a severe illness, and his health continued from
that time to be very bad, he being often confined to his bed, and
his mind becoming very much impaired, until the following month
of December, when he died. At the July Term of the year 1825,
the defendant entered upon the docket notice of a motion to dis-
solve the injunction at the next term, unless cause shewn; and
accordingly, after the fourth day of the then next succeeding term,
no one appearing to shew cause, it was dissolved under the rule.
After which, on the 10th of July, 1827, it appears by an entry on
the docket, that the suit was dismissed by order of the complain-
ant's solicitor. On the 7th of April, 1829. Elizabeth Billiugslea,
as administratrix of the late plaintiff, filed her petition, on oath,
stating these circumstances, and averring, that the dissolution of
the injunction had been obtained by fraudulent practices, and
praying that it and the suit might be reinstated; and for general
relief.

BLAND, C., 7th April, 1829.—Ordered, that the matter of this
petition stand for hearing on the 24th instant; and that the par-
ties be permitted to take testimony before any justice of the peace
to be read at the hearing on giving two days' notice as usual; and
it is further ordered, that the injunction in the petition mentioned
be and the same is hereby revived until the said hearing or further
order. Provided, that a copy of this order, together with a copy
of the petition be served on Jarvis Gilbert on or before the four-
teenth instant.

After which the case was again brought before the Court.

insolvent, the Court will order new security, or that the injunction be dis-
solved; and, If the Court has been imposed on, no time will be allowed to
give new security. Such matter may be enquired into by allowing testi-
mony to be taken, and appointing a day for hearing.

WHITNEY v. MUSCHET.—KILTY, C., MS. 1808.—An injunction bond to stay
proceedings at law should state the term at which the judgment was ob-
tained.

COUNSELMAN v. GAITHER.—KILTY, C., MS. 1810.—Ordered that, instead of
an injunction bond, on the money appearing to be due by the execution
issued, being paid to the register, which he is directed to receive and deposit
in the usual manner, an injunction be issued as prayed.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 532   View pdf image (33K)
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