Beatty's v. Chapline
Court of Appeals of Maryland
In this case a writ of fieri facias issued on the 7th of .April 1806, on a judgment rendered in the late general yourt, at October term 1805, returnable to this court in dune last.
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In this case a writ of fieri facias issued on the 7th of .April 1806, on a judgment rendered in the late general yourt, at October term 1805, returnable to this court in dune last. At which time the sheriff, to whom the writ was dhected and delivered, returned the same to this court, endorsed thereon, that he did, on the 16th of April 1806, by the same on the goods and lands of the defendant, but that he was prevented from making sale of the property by the production of a certificate that a writ of error had issued, (bond with security having been first given and approved,) on the 21st of…
1Opinion of the Court
Chase, Ch. J.
It is contended that a writ of error, with bond filed according to act of assembly, after seizure of goods on a fieri facias, but before sale, is no supersedeas; and two positions are laid downin support of this doctrine; — .
*9first, That an execution is an entire thing, and when once begun cannot be stopped.
Second, That the property is changed or altered by the seizure of goods on a fieri facias.
On these two positions the argument rests.
1. As to the first position — In a ca. sa. I shall admit, it, because there is but one single act to be done, and as soon as that is done, the…
2Cited by4 opinions
- Horsey v. KnowlesCourt of Appeals of Maryland · 1891
- Hoye v. PennHigh Court of Chancery of Maryland · 1811
- Jones v. JonesHigh Court of Chancery of Maryland · 1827
- Mandeville v. McDonaldU.S. Circuit Court for the District of District of Columbia · 1829