Nesbitt v. Dallam
Court of Appeals of Maryland
Appeal from Cecil county court. The appellee at the April term, 1830, of the Cecil county court, obtained judgment against the appellants for between four and five hundred dollars, upon which he caused execution offi-fa. to issue returnable to October term, 2832, when the sheriff returned, that he had levied on and taken several parcels or lots of ground, in the village of Port Deposit, which remained unsold for want of buyers.
Read the full summary
Appeal from Cecil county court. The appellee at the April term, 1830, of the Cecil county court, obtained judgment against the appellants for between four and five hundred dollars, upon which he caused execution offi-fa. to issue returnable to October term, 2832, when the sheriff returned, that he had levied on and taken several parcels or lots of ground, in the village of Port Deposit, which remained unsold for want of buyers. A venditioni exponas issued in December, 1832, returnable to the then ensuing April term, but the sheriff failing to make his return at that term, he was laid under a…
1Opinion of the CourtDorsey, Judge
The appellee’s motion to this court, to c£ set aside and strike from the record the paper contained therein, and purporting to be a bill of exceptions,” if sustained, would exclude from our consideration many of the questions presented in the course of the argument; and, therefore, claims priority in the order, in which the various branches of this case suggest themselves for our determination. In support of this motion, three reasons have been assigned. First, ££ because the said paper was not drawn up, or reduced to writing as is apparent on its face, until several months after the judgment…
2Cases cited4 opinions
- Stead's Executors v. CourseSupreme Court of the United States · 1808
- Findlay v. Hinde & WifeSupreme Court of the United States · 1828
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Ryerson v. NicholsonSupreme Court of Pennsylvania · 1799