Fowler v. Lee
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause was filed in January 1839, by Samuel Fowler, alleging that, at October term 1837, of Prince George’s County Court, a judgment at law was obtained by the executors of James Fitzgerald, for the use of Samuel P. Lee, against George Semmes, which would appear as well by a short copy thereof exhibited with this, as also by reference to a suit depending in equity, between the said Semmes and the appellee' in this cause.
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Appeal from the Court of Chancery. The bill in this cause was filed in January 1839, by Samuel Fowler, alleging that, at October term 1837, of Prince George’s County Court, a judgment at law was obtained by the executors of James Fitzgerald, for the use of Samuel P. Lee, against George Semmes, which would appear as well by a short copy thereof exhibited with this, as also by reference to a suit depending in equity, between the said Semmes and the appellee' in this cause. That upon the judgment against Semmes, a writ of fieri facias was issued thereon, directed to the appellant, then high…
1Opinion of the Court
Dorsey J.,
delivered the opinion of the court.
The provisions of the act of 1794, ch. 54, sec. 1, are so explicit, as to leave no room for doubt or speculation as to the character and efficacy of a judgment by default, rendered against-*361a sheriff for not returning an execution within the time limited by rule of court for that purpose. In the language of the act of assembly, it shall have the same effect, operation, and validity, as any judgment rendered upon any verdict of a jury. Suppose that, in this case, instead of a judgment by default, it had been a judgment rendered on the verdict of a…
2Cited by6 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Boyd v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1861
- Windwart v. AllenCourt of Appeals of Maryland · 1859
- Huston v. DittoCourt of Appeals of Maryland · 1863
- Michels v. StorkMichigan Supreme Court · 1883
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