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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 699   View pdf image (33K)
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INDEX. 699

Where it appears to be material that the
plaintiff should get an answer from one

having jurisdiction of his case. — Brown
v. Wallace, 602

of the defendants, the injunction con-

 

tinued until his answer comes in, —

INTEREST.

Onion v. McComas, 83; Binney's rase,

No interest allowed on an amount found

109.

due to an infant in servants, &c.which

It is better, in most cases, to decide on

were to be returned in kind. — Wood-

the motion to dissolve the injunction

ward v. Chapman, 72.

before an attachment for a breach of it
Is disposed of. — Binney's case, 102.

The mode of allowing and adjusting in-
terest on a distribution in a creditor's

The court frequently refuses an injunc-

suit. — Hammond v. Hammond, 366}

tion where it acknowledges a right,

372, 384; Pattison v. Frazier, 376.

when the conduct of the party com-

The amount, as adjusted by the auditor,

plaining, has led to the state of things

constituted of principal and interest, to

that occasions the application, 104.

bear interest thenceforward until paid.

To obtain an injunction, it is sufficient

Hammond v, Hammond, 371; Brown

that the question be important and

v. Wallace, 591; Sloss v. Mcllvane, 73 ;

doubtful, 113.

Onion v. McComas, 86; Craig v. Ba-

In some cases, the injunction is granted

ker, 239; Tyson v. Hollingsworth, 333 ;

by a special order, allowing a motion

Norwood v. Norwood, 482, 485.

to dissolve, to be heard at an early day,

The mode of computing interest and the

104.

cases in which compound are

The making of a substantial amendment
dissolves the injunction of course, un-

allowed.—Winder v. Diffenderffer, 204,
205.

less expressly saved, 103, 107.

Interest not allowed to a British creditor

The only mode now in use, of obtaining

during the revolutionary war. Cham-

an injunction, is by bill, 104.

berlain v. Brown, 221; Christie v. Ham-

The want of jurisdiction, or of proper

mond, 645.

parties, may be shewn as a cause for

Interest collected by the trustee who

dissolving the injunction, 104.

made the sale, to be divided among

An injunction not granted, unless ex-

those entitled to the principal. — Ex

pressly prayed for, 106. — Brannock v.

parte Conway, 324.

Moll, 106.

Interest ceases when the money is brought

The bill must describe the mill-site to

into court.— Tyson v. Hollingsworth, 335.

which the plaintiff has a right, in order

The conversion of interest into principal

to have it protected by injunction. —

by a judgment or decree, not compound

Binney's case, 117.

interest, — Hammond v. Hammond, 370,

The acts alleged in the bill, must be such

380.— Atkinson v. Hall, 372; Pattison v.

as to injure the mill-site, and for which

Frazier, 377; Brown v. Wallace, 591.

the plaintiff has no other remedy, in

Interest of only five per cent, allowed to

order to lay a foundation for an injunc-

English creditors. — Anderson v. Ander-

tion, 118, 121.

son, 887.

After the court has, by a decree, in a '

A purchaser under a decree pays interest

creditor's suit, assumed the adminis-

whether he gets possession or not. —

tration of the assets, it will, by injunc-

Brown f. Wallace, 594.

tion, stay all other proceedings. — Ham-
mond v. Hammond, 360, 362.

JURISDICTION.

An injunction granted to a mortgagee to

This court has jurisdiction to decree an

stay waste, before the mortgage debt

account of an annual sum charged upon

became due. — Murdock's case, 461.

land. — Townshend v. Duncan, 45.

An injunction to stay waste, pending an i

Jurisdiction and powers of the Court of

action at law to try the right, 469.

Chancery. — Binney's case, 145,

The object of an injunction before an-

The judicial power delegated to the fede-

swer, is to preserve things in their

ral judiciary being confined to slates

then condition, not to restore; except

and citizens, it is doubtful whether any

consequentially, 469. — Norwood v. Nor-

corporation can go into them as a

wood, 473.

suitor, 147.

The mode of obtaining and proceeding

The exclusive or concurrent jurisdiction

upon an attachment for a breach of an

of the courts of this state, in relation to

injunction. — Murdock's case, 486.

the right and property pof a corporation

Pragmatic trespassers pending an injunc-

createdthis and other states, 148,

tion, may be made to remove erections

] 49.

made by them on the property in con-

The Court of chancery cannot revise or

troversy, 487.

reverse any judgement of a court of com-

A citizen may take bis chance, by a first
ex parte application, of obtaining an
injunction from each one of the courts

mon law. — Ellicott v. Welch, 247.
No direction in a will or mere agreement
to refer a case to arbitration can oust



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 699   View pdf image (33K)
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