Keerl v. Keerl

Bartol, C. J., delivered the opinion of this Court: It appears from this record that a cause was pending on the Equity side of the Superior Court of Baltimore city, in which Henry Keerl, Thomas M. Keerl, and others, were parties, wherein certain real estate had been decreed to be sold for the ¹⁵⁹ purpose of division among the parties entitled. Thomas M. Keerl, the trustee, had made and reported the sale and the same had been finally ratified. By the account of the audi-' tor stated in the case, it appeared that Henry Keerl would be entitled to receive about $4,000, as his share of the proceeds of sale. On the 2nd day of February, 1867, the auditor’s report was ratified nisi.

This bill was filed by the appellant in the Circuit Court of Baltimore city, on the 23d day of February, 1867, to recover alimony, against Henry Keerl, her husband, and seeks to subject to the payment of her demand, the share of Henry in the proceeds of the sale made under the decree of the Superior-Court. This money was alleged to be in the hands of Thomas M. Keerl, the trustee, or deposited by him with the First National Bank of Baltimore. Thomas and the bank were made parties, and an injunction was prayed to restrain them from paying over the same to Henry Keerl; an injunction was awarded as prayed. On the 6th day of March, the bank filed an answer, admitting that it had in possession the sum of money mentioned, deposited by Thomas M. Keerl, and consenting to hold the same to await the further order of the Court.

On the 15th day of May, Henry Keerl, who had been returned “non est,” appeared voluntarily, and pleaded to the jurisdiction. But as the cause was not heard below on the plea, it is unnecessary to notice it further, or to refer to the several orders passed upon interlocutory proceedings in the cause not involved in the decision of this appeal. On the 15th day of May, Thomas M. Keerl filed a demurrer to the bill, which was set down for hearing, and on the 7th day of June, the Circuit Court passed an order sustaining the demurrer. From that order this appeal was taken and presents for our consideration only the action of the Circuit Court upon the demurrer.

The causes assigned in the demurrer itself and insisted upon in the argument before this Court, arise exclusively out of the condition of the fund sought to be affected by the ¹⁶⁰ Injunction, the jurisdiction of the Superior Court over it, and the relation which Thomas M. Keerl, the trustee, bore to the fund in question, and to the Superior Court, whose officer he was. It has been argued by the appellee that the fund being within the jurisdiction of the Superior Court, and exclusively under its control, the Circuit Court had no authority to grant the relief by injunction as prayed in the bill. That an injunction