Shafer v. Shafer
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. A judgment was entered, in an action of assumpsit by the appellant against the appellee, in Washington county court, on the 20th of March 1847, in favor of the plaintiff, “ to be released on payment of such sum as Isaac Nesbitt shall ascertain to be due.”
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Appeal from the Circuit Court for Washington county. A judgment was entered, in an action of assumpsit by the appellant against the appellee, in Washington county court, on the 20th of March 1847, in favor of the plaintiff, “ to be released on payment of such sum as Isaac Nesbitt shall ascertain to be due.” Afterwards, on the 31st of August 1847, said Nesbitt, the clerk of said court, filed an award under his hand and seal, in which he states, that “having carefully examined the papers filed up to the present date, finds to be due from the defendant to the plaintiff, the sum of $946.26, with…
1Opinion of the CourtTuck, J.
It is manifest from this record, that the award filed by the referee, on the 31st of August 1847, was not considered by the parties as a final ascertainment of the credits claimed by the defendant. That award was made at the request of the plaintiff’s attorney, he agreeing at the time, that if the defendant should thereafter show any further credits to which he was legally entitled, they should be allowed him. Thefi.fa. was issued on the 20th of March 1848, and on the Slh of May 1848, while that writ was in the sheriff’s hands, the parties are found entering into another reference to Messrs.…
2Cases cited1 opinion
- Job v. Walker ex rel. GieselmanCourt of Appeals of Maryland · 1852
3Cited by2 opinions
- Gorsuch v. ThomasCourt of Appeals of Maryland · 1882
- Huston v. DittoCourt of Appeals of Maryland · 1863