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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 663   View pdf image (33K)
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INDEX.—2 BLAND. 663

INJUNCTION.

1. 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. Binney's Case, 95,

3. In some cases the injunction is granted by a special order, allowing a
motion to dissolve, to be heard at an early day. Ib.

3. The making of a substantial amendment dissolves the injunction of
course, unless expressly saved. Ib.

4. An injunction to stay waste granted to a mortgagee, before the mort-
gage debt became due. Murdoch' s Case, 439.

5. The object of an injunction granted before answer, is to preserve all
things in their then condition: not to determine any right by antici-
pation, or to undo or restore any thing, except only in so far as
it may consequentially follow from the operation of the injunction.
Ib.

6. The mode of obtaining and proceeding upon an attachment for a
breach of an injunction. Ib.

7. Pragmatic trespassers, pending an injunction bill, may be made to
remove the erections made by them on the property in controversy.
16.

See ATTACHMENT, 3.

TRUSTS AND TRUSTEES, 14.

INTEREST.

1. The general rule is that interest is not given upon interest, and there-
fore, on a bill for an account, for the recovery of a legacy, or the
like, where interest is allowed, it is computed by the auditor from
the time the money became due up to the time of stating the ac-
count, with interest on the principal sum only from that time until
paid. Winder v. Diffenderffer, 155.

2. Where interest upon interest, or compound interest, may be charged.
Ib.

3. How interest is calculated. Hammond v. Hammond, 237.
See DEBTOR AND CEEDITOE, 54-59.
LEGACY, 6.

JUDGMENT.

An absolute judgment against an administrator is conclusive evidence
of the sufficiency of assets to pay that debt; and also a debt due to
such administrator, for which he might retain ; which conclusive
evidence must necessarily enure to the benefit of the heirs and de-
visees; who, if made to pay, have a right, by substitution, to proceed
on such judgment to obtain reimbursement. Ellicott v. Welch, 228.

JURISDICTION.

1. The jurisdiction of this Court in regard to persons or things not
within the State; and the uncontrolled concurrent jurisdiction of
the judiciary of this State, with that of the neighboring States, in
some peculiar cases. Binney's Case, 95.

2. The jurisdiction of the Chancellor as to infante and lunatics. Corners
Case, 467.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 663   View pdf image (33K)
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