Dunbar v. Conway
Court of Appeals of Maryland
Aepeal from Baltimore County Court. On the 12th October 1837, the appellee sued out a writ of scire facias, reciting, that at a county court at, &c., on 1st September 1836, the appellant became bail, and pledge, &c., for J. and W. Dunbar, and that judgment was rendered against them on the 2nd January 1837, &c. At the return term of this writ, January 1838, the appellant appeared, and pleaded nul tiel record.
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Aepeal from Baltimore County Court. On the 12th October 1837, the appellee sued out a writ of scire facias, reciting, that at a county court at, &c., on 1st September 1836, the appellant became bail, and pledge, &c., for J. and W. Dunbar, and that judgment was rendered against them on the 2nd January 1837, &c. At the return term of this writ, January 1838, the appellant appeared, and pleaded nul tiel record. The appellee replied there was such a record, on which issue was joined. The cause was then continued'until May term 1838, when the appellant withdrew his plea, and confessed judgment,…
1Opinion of the CourtChambers, J.
Prior to the act of 1828, ch. 161, the time at which a surrender of the principal could be made, so as to discharge the bail, was regulated by the rules of court in Baltimore, as it still is in the other county courts of the State. By the rule of the Baltimore court, the bail could only claim this privilege, at any time before the discharge of the jury at the term when the sci.fa. was returned scire fad, or the second sci.fa. returned nihil. Whatever might be the duration of the term, He could not surrender the principal after that period. Not because by the rule the term was considered as…
2Cases cited1 opinion
- Benson v. Davis's Adm'rCourt of Appeals of Maryland · 1824
3Cited by3 opinions
- Owen v. FreemanCourt of Appeals of Maryland · 1977
- Main v. LynchCourt of Appeals of Maryland · 1880
- Quynn v. BrookeCourt of Appeals of Maryland · 1864