Legal Opinion

Ahl v. Ahl

Court of Appeals of Maryland

Decided May 4, 1883PublishedCited by 4 opinions

Appeal from the Circuit Court tor Washington County. A bond was executed by the appellant on the 31st of March, 1873, to John A. Ahl in the penalty of $37,000, ■conditioned for the payment of $18,500, in five annual instalments, the whole amount to bear interest from the 1st of April, 1873. John A. Ahl assigned the bond to the appellee on the 8th of March, 1877. On the 22nd of April, 1877, the appellant confessed judgment on the bond in favor of the appellbe, for $19,400,…

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Appeal from the Circuit Court tor Washington County. A bond was executed by the appellant on the 31st of March, 1873, to John A. Ahl in the penalty of $37,000, ■conditioned for the payment of $18,500, in five annual instalments, the whole amount to bear interest from the 1st of April, 1873. John A. Ahl assigned the bond to the appellee on the 8th of March, 1877. On the 22nd of April, 1877, the appellant confessed judgment on the bond in favor of the appellbe, for $19,400, being the amount of the four first instalments then due, with interest to the 1st. of April, 1877. This suit was brought…

1Opinion of the CourtMiller, J.

The decision in Orendorff vs. Utz, 48 Md., 298, is decisive in favor of the ruling to which exception was taken in this case. The Court there determined that whilst the Statute of 8 & 9 Will. III, ch. 11, sec. 8, may authorize the entry of a judgment for the penalty of the bond, to stand as security for subsequent breaches, which may be recovered by scire facias thereon, it does not, when taken in connection with the provisions of the Code, Art. 15, sec. 63, prevent repeated actions on the bond as breaches thereof may occur.. The bond sued on in the present case is in the penal sum of…

2Cases cited1 opinion

  1. Orendorff v. UtzCourt of Appeals of Maryland · 1878

3Cited by4 opinions

  1. Carlin v. FischerCourt of Appeals of Maryland · 1957
  2. Goodwin v. Cabot Amusement Co.Supreme Judicial Court of Maine · 1930
  3. Kouri v. TomaSupreme Court of Oklahoma · 1947
  4. Meinert v. BottcherSupreme Court of Minnesota · 1895

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