D'Arcy v. Locust Point Co.
D'Arcy v. Locust Point Co.
Opinion of the Court
delivered the opinion of the Court.
The facts of this case are undisputed. On the 10th of December, 1884, the appellee leased to Henry A. Ramsay certain property as a machine shop, and place of business, reserving the usual remedies by distress •and re-entry. The property was partially equipped for the objects of the lessee, and he not only covenanted to repair and replace such parts as might be worn out, but also covenanted, at his own expense “to equip the premises demised, with all such other plant and machinery as may be necessary for the successful prosecution of a general machinist business upon a large
That motion must be overruled. The statute in broad language gives the right of appeal from any order of the Court in insolvent proceedings, and the appeal was taken within the statutory period of thirty days. Code, Art. 48, sec. 20.
Under the certificate of the Oourt from which the appeal is taken, the only questions for our consideration are 1st. Whether the Oourt of Common Pleas should and could restrain the appellee from proceeding by distraint, against certain chattels of the insolvent on the demised premises, issued subsequently to the adjudication of insolvency, for rent maturing partly before, and partly after insolvency declared, and after the election of the insolvent trustees not to take the lease; and 2ndly. Whether the Oourt should order the sale of those chattels, and should direct the landlord to deliver the same up to be sold, after the trustees in insolvency had refused to accept the assignment of
The decision of these questions depends upon the character of the jurisdiction of the Court of Common Pleas when acting as an insolvent Court under our statute on the subject. When acting in that capacity they have never been held as exercising a general jurisdiction, hut a special jurisdiction, limited in its character, and confined to the authority conferred by the statute. In Bowie vs. Jones, 1 Gill, 215, Judge Archer said in'speaking for the Court: “It is true the jurisdiction of the Court is limited, hut in such case all that is necessary to he shown is, that the case is within the limited jurisdiction and the judgment would he just as obligatory and conclusive as if the judgment were one of a Court of general jurisdiction.” In that case the question was as to the regularity of a defendant's discharge under the insolvent laws. In Purviance, Trustee of Bosley vs. Glenn’s Ex’rs, 8 Md., 206, the Court said: “ Property belonging to the insolvent may he in different places, or suits in equity may he necessary to vacate assignments; in all which cases it is manifest, that the trustee can proceed only in the Courts having jurisdiction over the subject-matter, as in other controversies.” In that case the effort was to make the executors of the deceased trustee Glenn, account in the insolvent Court for the money which had passed into his hands for the insolvent estate in his life-time. The Court of Common Pleas of Baltimore City dismissed the petition of the newly appointed trustee of the insolvent for want of jurisdiction, and this Court approved that action “for the reason stated by the Court of Common Pleas,” and elaborated the same; and in so doing said what we have quoted. In Gable and Rusk, Trustees in Insolvency vs. Scott, et al., 56 Md., 185, this
In Whyte, Trustee vs. Betts Machine Co., 61 Md., 181, this Court, in passing on questions arising under the Act of 1880, ch. 172, said : “It is perfectly well settled that the jurisdiction of the Circuit Courts of this State over proceedings in insolvency is of a limited nature, and the mode of procedure, being prescribed by statute, must be pursued in the manner prescribed, and not otherwise.” Prior to the Act of 1880, ch. 172, the insolvent Court never undertook to issue an injunction, or exercise any jurisdiction not expressly conferred. By this Act of 1880, ch. 172, provision was made for coercing a person into insolvency who really is insolvent, or has committed acts justifying his being so adjudged. Pending the inquiry into the grounds for so adjudging, and until the same is determined, the Courts are authorized to issue an injunction to prevent the disposition of the insolvent’s property and effects by him or others pending the trial of the issues. Having confined the right to issue injunction to the single object of preventing the removal of the property or its sale, while the inqiiiry is made into his insolvency vel non, and that time only, it is very clear that the right to issue a restraining order at any other time and for any other purpose, was excluded. It is also clear from the decisions already cited, that the trustees in all controversies as to the right to property, and claims of
Orders affirmed.
Reference
- Full Case Name
- D'Arcy Paul, and Fielder C. Slingluff, Permanent Trustees in Insolvency v. The Locust Point Company of the City of Baltimore
- Cited By
- 2 cases
- Status
- Published