State ex rel. Fallon v. Layman
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This suit was brought by the State of Maryland, for the use of Michael Fallon, against the appellees, on a sheriff’s bond.
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Appeal from the Circuit Court for Allegany County. This suit was brought by the State of Maryland, for the use of Michael Fallon, against the appellees, on a sheriff’s bond. The record of the proceedings subsequent to the declaration is as follows : 1875, Oct. 11th. — Motion by defendants for rule security for costs. 1875, Not. 10th. — Rule security for costs and case continued. 1876, Jany. 4th. — Motion to strike out rule security for costs. 1876, January 6th. — Reasons filed in the words following, to wit: The plaintiff in this cause moves the Court to strike out the rule security for costs…
1Opinion of the CourtBrent, J.
When this' case was first reached upon the docket, it was continued under the rule, hut afterwards the continuance was struck out by consent, and the case submitted on the 21st of February.
*192We shall dispose of it in a very few words.
The suit is brought on a sheriff’s bond, in the name of the State, use of Michael Fallon, and a rule was laid upon the plaintiff, “ security for costs.”
It is contended, that the State being the legal plaintiff, it is not a case in which the defendant can demand the security. Art. 21, sec. 10, of the Code provides, that the defendant may have a rule on the plaintiff…
2Cited by2 opinions
- United Railways & Electric Co. v. WinerCourt of Appeals of Maryland · 1923
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881