Legal Opinion

Hollingsworth's Adm'x. v. Floyd

Court of Appeals of Maryland

Decided June 15, 1827PublishedCited by 15 opinions

Appeal from Saint Mary’s Gounty Court. It appears that a writ of fieri facias issued out of that court on the 12th of August 1822, on a confession of judgment, by way of supersedeas, entered into on the 1st of May 1820, by the defendants, to stay execution On a judgment rendered at March term 1820, in the name of the plaintiff, against Joseph P. Floyd— which fieri facias was endorsed for the use of William Floyd, and made returnable to March term 1823. The sheriff returned…

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Appeal from Saint Mary’s Gounty Court. It appears that a writ of fieri facias issued out of that court on the 12th of August 1822, on a confession of judgment, by way of supersedeas, entered into on the 1st of May 1820, by the defendants, to stay execution On a judgment rendered at March term 1820, in the name of the plaintiff, against Joseph P. Floyd— which fieri facias was endorsed for the use of William Floyd, and made returnable to March term 1823. The sheriff returned the fieri facias “levied as per schedule, and sold to William Floyd, September 25th, 1822, for #5S0." The schedule…

1Opinion of the CourtEarle, J.

The appeal is taken in this ease from a judgment of Saint Mary’s county' court, on a motion to set aside an execution. The testimony produced by the defendants, in support of the motion, is drawn up in the form of a bill of exceptions, and is signed by the judges. From this, and the record, it appears that Joseph P„ Floyd and William Floyd, passed a joint and several obligation to T. Hollingsworth for $1061 25, with interest; that-suits were brought on this obligation against them separately, and prosecuted to judgments; that each of those judgments were by them superseded, and that Henry…

2Cited by15 opinions

  1. Orem v. WrightsonCourt of Appeals of Maryland · 1879
  2. Green v. HamiltonCourt of Appeals of Maryland · 1860
  3. Maryland Trust Co. v. PoffenbergerCourt of Appeals of Maryland · 1929
  4. Rooker v. BensonIndiana Supreme Court · 1882
  5. Grove v. BrienCourt of Appeals of Maryland · 1851

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