Baltimore & O.R. Co. v. Silbereisen

• Decision Date: 05 August 1913
• Citation: Baltimore & O.R. Co. v. Silbereisen, 121 Md. 407, 89 A. 102 (Md. 1913)
• Parties: BALTIMORE & O. R. CO. v. SILBEREISEN.
• Court: Maryland Court of Appeals

89 A. 102

121 Md. 407

BALTIMORE & O. R. CO. v. SILBEREISEN.

Court of Appeals of Maryland

August 5, 1913

On motions for a modification of the decree.Motions overruled.

PER CURIAM.

We carefully considered the questions raised by the appellant in its motion for a modification of the decree, before filing the opinion and passing the decree.We concluded, and still think, that the disposition of the case made by us was the proper one, and there is no difficulty about continuing the injunction.The order of the lower court had the effect of continuing the injunction, upon the filing of the appeal bond, until this court disposed of the question.As we remanded the case without affirming or reversing the decree in order that the proceedings therein referred to might be had, the case stands, under Code 1912, art. 5, § 38, "as if no appeal had been taken in the cause, and the decree or order appealed from had not been passed."In other words, the injunction obtained by the appellant is continued under our...