Dennison v. Yost

Irving, J., delivered the opinion of the Court. This appeal was taken from an order of the Circuit Court for Carroll County overruling the demurrer which appellant had filed to appellee’s bill of complaint, and fining the appellant ten dollars and requiring him to pay the costs, and holding him in contempt until fine and costs should be paid. The hill was filed to obtain injunction restraining the appellant from selling, assigning or disposing of a certain .single bill, purporting to he the single bill of the appellee ¹⁴¹ for two thousand dollars, dated 26th of March, 1882, and payable to Samuel D. Miller, sixty days after date ; which the complainant (appellee) alleged to be a forgery. The bill charged, that the defendant was in possession thereof endeavoring to sell the same, pretending that it had been assigned to him by Samuel D. Miller, the professed payee.

The hill charges that this single hill was forged by either Miller or Dennison, the complainant being unable to state positively which. It charges, that the appellant well knew the single hill to he forged and false, yet refused to deliver the same up, intending to assign the same to some other person, for the purpose of harassing the complainant. The-bill prays for injunction to prevent the transfer of the single hill; and that the same may he compelled to he delivered up to he destroyed; and that the defendant may answer the hill; and for other and further relief such as the case may require. Preliminary injunction was granted; subpoena issued and was served; and the defendant demurred.

The ground of demurrer is thus stated: “ that the complainant hath not, in and by his said bill, stated such a case, as doth, or ought to entitle him to such discovery or relief as is thereby sought, or prayed for, from- or against him, this defendant.” In Singery vs. Attorney-General, 2 H. & J., 497 , it is. said: “ Although, on a hill in chancery charging forgery, the defendant cannot be compelled to answer any fact which will criminate himself, yet the Court of Chancery has-jurisdiction over the case; and on