Commercial Savings Bank, Inc. v. Quall

Bond, C. J., delivered the opinion of the Court. The appeal is by a defendant from the overruling of a demurrer to a bill in equity, to restrain execution on a judgment by confession at law, after a motion in the court of law to set aside the judgment had been granted upon condition that the judgment debtors file a bond in the penal sum of $1,500. The bill alleges that the judgment was entered upon a note of the present appellees which was the culmination of a series of notes covering loans; that unlawful, usurious exactions by the creditor were included in the amount of the note, and that the amount justly due had been paid and overpaid; but that, under an authority contained in the last note, a judgment by confession had been entered in the Superior Court of Baltimore City, and executions were threatened. A petition or motion to set aside the judgment, it is alleged, had been filed in the Superior Court, but that ¹⁸ court had refused to set the judgment aside unless the bond should be filed as stated; and the judgment debtors, complainants in equity, were not able to give that bond.

The bill also prayed an accounting and further relief. The inability to give the bond, and hope of relief from the condition that it be given, appear to be the sole reasons for resorting to the court of equity. Subject to that condition all the relief the complainants have to ask for has been granted them at law. While it is stated in the bill that relief was refused except upon the filing of the bond, it is clear that upon compliance with that condition the judgment will at least be opened for a trial upon the merits of the defences advanced.

The proceedings at law are not exhibited in this case. In thus striking out or opening a judgment, a