Gabelein v. Plaenker
Court of Appeals of Maryland
Writ op Error from the Superior Court of Baltimore City. , This suit was instituted under the Act of 1864, ch. 6. The declaration contained the common counts and the following special count: “And for that C. "W. Frickey, on the second day of February, 1871, by his promissory note, now overdue, promised to pay to the plaintiff or order $400, three months after date, and the defendant endorsed the same as surety, and the said note was duly presented for payment and was…
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Writ op Error from the Superior Court of Baltimore City. , This suit was instituted under the Act of 1864, ch. 6. The declaration contained the common counts and the following special count: “And for that C. "W. Frickey, on the second day of February, 1871, by his promissory note, now overdue, promised to pay to the plaintiff or order $400, three months after date, and the defendant endorsed the same as surety, and the said note was duly presented for payment and was dishonored; whereof the defendant had due notice, but did not pay the same.” The affidavit filed with the declaration alleged…
1Opinion of the CourtStewart, J.
From an examination of the record, it appears the Superior Court of Baltimore city had jurisdiction of the subject-matter of the suit, and the parties litigant appeared; issues were made, a trial had before a jury, verdict rendered, motion for a new trial overruled by the Court, judgment rendered on the verdict, and execution issued.
*64The defendant moved to strike out the judgment and quash the fieri faeias; no reasons appear to have been assigned' to sustain the motion.
The brief of the appellant filed in this Court relies upon certain grounds of objection to the proceedings in the SupeT rior…
2Cases cited2 opinions
- Whelan v. CookCourt of Appeals of Maryland · 1868
- Bridendolph v. ZellerCourt of Appeals of Maryland · 1853
3Cited by3 opinions
- James v. ButlerCourt of Appeals of Maryland · 2003
- Fox v. WillsCourt of Appeals of Maryland · 2006
- Nationwide Mutual Insurance v. WebbCourt of Special Appeals of Maryland · 1980