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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 97   View pdf image (33K)
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WASHINGTON UNIVERSITY VS. GREEN. 97

and, therefore, I think the bill, so far as the discovery is con-
cerned, cannot be maintained, and that the demurrer must be
ruled good.

In strictness, the allowing a demurrer to the whole bill, puts
it out of court, and no subsequent proceeding can be taken in
the cause; yet there are cases in which the court has afterwards
permitted an amendment of the bill to be made. Daniel's Prac.,
669; Alexander's Prac., 58.

This bill will, therefore, be retained, to give the plaintiffs an
opportunity of amending it, if they think proper.

It is, thereupon, this 12th day of November, in the year 1847,
adjudged and ordered, that the demurrer to the discovery of the
defendant's title, sought by this bill, be, and the same is, hereby,
ruled good, and that the defendants recover from the plaintiffs
their costs to be taxed by the Register; but this bill is retained
with liberty to amend, as the plaintiffs may be advised.

[No appeal was taken from this order.]

THE WASHINGTON UNIVER-
SITY OF BALTIMORE ET AL.

vs.

EDWARD GREEN.

SEPTEMBER TERM, 1847.

[INJUNCTION.]

AN injunction, unless issued after the decree, when it becomes a judicial pro-
cess, can only be used for the purpose of prevention and protection, and not
for the purpose of commanding the defendant to undo any thing he had pre-
viously done.

The bill alleges, that the buildings on the grounds in question, were used for the
purpose of giving medical instruction, and as an infirmary for the sick, by
the professors composing the medical faculty of the corporation, and prays
that the defendant shall be restrained from so acting as to interfere with
their possession and use for that purpose; and that he be commanded to for-
bear from the repetition of the acts which impeded the enjoyments of the
rights and the discharge of the duties on the part of the professors. HELD—

That an injunction of this description cannot be regarded as going beyond the
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 97   View pdf image (33K)
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