Giese v. Thomas
Court of Appeals of Maryland
Appeal from Baltimore County Court. Action of replevin. Property in the defendant pleaded. General replication, and issue joined.
Read the full summary
Appeal from Baltimore County Court. Action of replevin. Property in the defendant pleaded. General replication, and issue joined. The plaintiff, (the appellant,) produced as a witness Thomas Evans, for the purpose of proving, that on the 3d of October 1821, he Evans, and one Coppack, sold the lumber replevied to the plaintiff, who paid them for it; that at a subsequent period a fieri facias, under a magistrate’s judgment, rendered in favour of a certain John Mulliken against said Evans, was levied upon it by Samuel Merryman', constable; that the plaintiff gave notice to Merryman before the…
1Opinion of the Court
Buchanan, Ch. J.
delivered the opinion of the Court It appears that issue was taken in this case, on a plea of property in the defendant, and it comes up on a rejection by the court below of the evidence offered at the trial on the part of the plaintiff.
There is no doubt the plaintiff might have shown that the property in question was sold by a constable to the defendant, in virtue of a fieri facias sued out on a judgment rendered by a magistrate against the witness Evans, in order to show in what manner the property got into the possession of the defen-i dant, and to let in the further…
2Cited by2 opinions
- Heskett v. Borden Mining Co.Court of Appeals of Maryland · 1856
- McKee's Administrators v. McKee's AdministratorsCourt of Appeals of Maryland · 1861