McColgan v. Baltimore Belt Railroad
McColgan v. Baltimore Belt Railroad
Opinion of the Court
delivered the opinion of the Court.
The appellant, Charles C. McColgan, recovered a judgment against the Baltimore Belt Railroad Company in the Superior Court of Baltimore City for $3,543-75, which was affirmed by this Court. It is admitted that the judgment is valid and subsisting and that no part of it has been paid or otherwise discharged. The appellant procured an execution to issue from this Court to the sheriff of Baltimore City to sell for the payment of said judgment the lands and tenements of the appellee company, consisting of twenty-four lots of ground, with the improvements thereon, in the city of Baltimore, which, it is admitted, form part of the right of way of the appellee and upon which it has laid its tracks, and which therefore constitute an essential part of its railroad and are necessary to its operation. The appellee’s property is mortgaged for a loan of six millions of dollars, and a sale of the lots levied on would prevent it from earning money to pay this and other debts. The Circuit Court of Baltimore City, upon a bill filed by the railroad company, passed a decree enjoining the judgment creditor from selling the lots in question in satisfaction of his judgment — and hence this appeal.
The contention of the appellant is that he may, without
The appellant fails to cite any authorities to sustain his position, and the only argument or suggestion he makes to support it is drawn from the alleged right under the general laws of this State of every judgment creditor in every case to have his judgment satisfied by execution, and from the provisions of the 19th Article of the Bill of Rights which guarantees to every man a remedy for any injury done his person or property. But it is too late seriously to consider a proposition, the adoption of which involves a departure from well settled rules of law, a reversal of our own well considered decisions, and the placing of ourselves in conflict with a long line of authorities, including the Supreme
Decree affirmed.
Reference
- Full Case Name
- CHARLES C. McCOLGAN v. THE BALTIMORE BELT RAILROAD COMPANY
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Executions — Property of Quasi-Public Corporation not Liable to Levy — Destruction of Common Futid by One Creditor — Injunction Against Execution. No execution can be levied upon the property of a railroad company, which is essential for the performance of its corporate duties, unless such levy be authorized by statute. Plaintiff was a judgment creditor of the defendant, a railroad company, all of whose property was mortgaged to secure a loan. An execution on the judgment was levied upon land on which the railway tracks were laid. Defendant applied for an injunction to restrain the sale. Held, that the injunction should be granted, not only because the property of a quasi-public corporation, essential to the performance of its duties to the public, is not subject to sale upon execution, in the absence of statutory authority, but also because one creditor will not be allowed to destroy a fund or property to which other creditors have a right to look for payment.