Laidler's Adm'x. v. State ex rel. Hawkins
Court of Appeals of Maryland
Appeal from Charles County Court. This was an action of debt, brought the 20th of May 1818, against Elizabeth B. Laidler, (the intestate of the now appellant,) on a bond executed to the state on the 23d of November 1815, by her, as executrix of John .Laidler, with Catharine C. Laidler and.Mary Jinn Laidler, as her sureties.
Read the full summary
Appeal from Charles County Court. This was an action of debt, brought the 20th of May 1818, against Elizabeth B. Laidler, (the intestate of the now appellant,) on a bond executed to the state on the 23d of November 1815, by her, as executrix of John .Laidler, with Catharine C. Laidler and.Mary Jinn Laidler, as her sureties. The case was continued for several terms under a rule on the defendant to answer the declaration; and at August term 181th, Francis W. Hawkins. at whose inStance and for whose use the action was brought, filed in court an account between him and John Laidler, deceased,…
1Opinion of the CourtDorsey, J.
The judgment of the county court must be reversed on various grounds. In the first place, the suit appears to have been brought by a creditor upon a testamentary bond, without showing any such justification for this proceeding, as is required by the act of 1720, ch. 24.
In the next place there are no pleadings in the cause, which •could warrant the court in rendering the judgment they have given. The agreement filed, which was designed to supply the want of regular pleadings, is so informal, uncertain and defective, as to be wholly insufficient for that purpose. To sustain a judgment ona…
2Cited by1 opinion
- Mertens v. MooreCourt of Appeals of Maryland · 1908