Chappell v. Cox

Goldsborough, J., delivered the opinion of this Court. The appeal in this case is taken from an order of the Circuit court for Baltimore city, continuing an injunction upon the hearing of a motion by the appellants to dissolve the same. After a review of the record presented to us, we think it is manifest that the Circuit court erred in continuing it. The judgments obtained by the appellant, Chappell, and which are sought to be enforced, were rendered by a justice of the peace, from whose decision, Samuel R. Kramer having a right of appeal, certainly had full and ample relief at law, and failing to avail himself of that remedy, equity could furnish him no relief.

See 2 Md. Rep., 320 . 17 Md. Rep., 188 . The appellee, however, alleges in his bill of complaint, that the executions issued on these judgments were levied on certain personal property belonging exclusively to him, and as evidence of his title relies upon a bill of sale executed on the 30th day of January 1858, by S. Roberts Kramer, who was, at that time, one of the firm of Kramer & Co., Samuel R. Kramer being the other partner. By reference to this bill of sale, we find that it confines the sale to the interest of S. Roberts Kramer in the property then on the premises. The executions were levied on the 11 th day of November 1859.

The appellants allege in their answer, and it appears from the evidence in the cause, that Samuel R. Kramer had, in the interval between the date of the bill of sale and the levying the executions, purchased sundry goods suitable to the business carried on by the firm of Kramer & Co., that those goods were placed on the premises and intermingled with the general stock in trade, and that Samuel R. Kramer principally conducted the business in this interval, the appellee being a clerk in the Citizens Bank of Baltimore, and never engaged in the drug business. ⁵¹⁹ (Decided July 9th, 1862.) In view of these allegations and the evidence sustaining ’¿hem, we do not