Frazier v. Griffie
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll county. Trespass quare clausum fregit, by the appellee against the appellant, for breaking and entering the plaintiff’s close and taking therefrom his horse.
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Appeal from the Circuit Court for Carroll county. Trespass quare clausum fregit, by the appellee against the appellant, for breaking and entering the plaintiff’s close and taking therefrom his horse. The pleas were non cul. and justification, under a fi. fa. sued out by the defendant and issued on the 11th of May 1850, upon a judgment of the district court of the 5th election district of Carroll county, rendered on the 25th of January 1850, in favor of the defendant against the plaintiff for §1.89 debt, and $50.79 costs, which writ was duly issued to the sheriff of said county, who, in virtue…
1Opinion of the CourtMason, J.
The issue presented by the pleadings in this case was, whether the judgment upon which the fi. fa. issued, and under which the alleged trespass was committed, was in full force and unreversed at the time of the issuing of the ft. fa. ? In withholding the evidence from the jury, which constitutes the ground of this appeal, the court below assumed to decide the very fact in issue, and determined that there was no valid *55judgment in existence. This was an usurpation of the functions of the jury and was therefore erroneous. Mitchell vs. Williamson, 9 Gill, 71.
Although the question as to the…
2Cases cited1 opinion
- Mitchell v. WilliamsonCourt of Appeals of Maryland · 1850
3Cited by4 opinions
- Good v. StateCourt of Appeals of Maryland · 1965
- Good v. StateCourt of Appeals of Maryland · 1965
- Good v. StateCourt of Appeals of Maryland · 1965
- Hamill v. ChamplinSupreme Court of Rhode Island · 1878