Legal Opinion

Smith v. Gilmor

Court of Appeals of Maryland

Decided June 15, 1816PublishedCited by 1 opinion

Appeal from Baltimore County Court. In this ca,se an attachment issued on the 2d of February 1805, in the names of the appellants, against the lands, tenements, good<, chattels and 'credits, of Wilhcm and Jan JfilMnk, in viriue of a warrant from a justice of the peace of Bul timare county, directed to the clerk of the county court of that county, accompanied by an affidavit and account, pursuant to the directions of the act of assembly of 1795, ch. 06. At the same time the…

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Appeal from Baltimore County Court. In this ca,se an attachment issued on the 2d of February 1805, in the names of the appellants, against the lands, tenements, good<, chattels and 'credits, of Wilhcm and Jan JfilMnk, in viriue of a warrant from a justice of the peace of Bul timare county, directed to the clerk of the county court of that county, accompanied by an affidavit and account, pursuant to the directions of the act of assembly of 1795, ch. 06. At the same time the plaintiffs sued out a writ of ca-pias ad respondendum against the defendants, and filed a short note, stating that the…

1Opinion of the CourtBuchanan, J.

The court are of opinion, that the applications of the defend» ants below, as stated in the first and last bills of exceptions, taken on the part of the plaintiffs below, (being the Ssi and 5th taken at the trial of the cause) ought to have been rejected; that the direction asked for as stated in the second hill of exceptions taken by the plaintiffs below, (being the 4th in the record,) ought to have been given, and therefore reverse the judgment of the county court, dissenting from the opinions ol that court on each of those bills of exceptions.

He stated that he differed in opinion with the…

2Cited by1 opinion

  1. Franklin v. WatersCourt of Appeals of Maryland · 1849

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