Turner v. Walker
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action on the case brought by the appellee, against the appellant, on the 10th of January, 1827, in Saint Mary’s County Court, and removed, upon the suggestion óf the defendant, to Prince George’s County Court.
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Appeal from Prince George’s County Court. This was an action on the case brought by the appellee, against the appellant, on the 10th of January, 1827, in Saint Mary’s County Court, and removed, upon the suggestion óf the defendant, to Prince George’s County Court. The declaration was as follows: “For that heretofore, to wit, on the 13th of December, 1826, at, &c., the said Josiah, unlawfully and maliciously procured, and caused to be issued out of the clerk’s office of the County Court of said county, a certain precept of the said court, commonly called a writ of capias ad satisfaciendum,…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
Booking to the evidence in this case, it is perfectly clear, that- the writ of capias ad satisfaciendum,, on which the defendant in error is alleged to have been maliciously arrested, issued irregularly, and illegally. Where goods taken under a' fi.' fa. have been sold, for a part of the amount *385due on the judgment, a ca. sa. cannot be legally issued for the residue, until the sheriff has made a final return of the fi. fa. showing what had been done with the property. For as the second writ is grounded on the first, and the return thereof,…
2Cited by14 opinions
- Montgomery Ward v. WilsonCourt of Appeals of Maryland · 1995
- Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
- Boyd v. CrossCourt of Appeals of Maryland · 1872
- H. P. Rieger & Co. v. KnightCourt of Appeals of Maryland · 1916
- Straus v. YoungCourt of Appeals of Maryland · 1872
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