Legal Opinion

Cockey v. Leister

Court of Appeals of Maryland

Decided June 15, 1858PublishedCited by 10 opinions

Appeal from the Circuit Court for Carroll county. Attachment on warrant issued on the 13th of November 1854, at the instance of the appellee, a citizen of Maryland, to affect the goods and chattels, rights and credits of Nicholas Leister, a non-resident debtor, and, on the next day, laid in the hands of the appellant, as garnishee, who appeared and pleaded nulla bona, upon which the case was tried.

Read the full summary

Appeal from the Circuit Court for Carroll county. Attachment on warrant issued on the 13th of November 1854, at the instance of the appellee, a citizen of Maryland, to affect the goods and chattels, rights and credits of Nicholas Leister, a non-resident debtor, and, on the next day, laid in the hands of the appellant, as garnishee, who appeared and pleaded nulla bona, upon which the case was tried. In the course of the trial, two exceptions were taken by the garnishee to the rulings of the court below, (Nelson, J.) which, with all the facts of the case, are sufficiently stated in the opinion…

1Opinion of the CourtTuck, J.

The appellant was appointed trustee by a deed dated the 15th of July 1854, in which Levi Leister, the plaintiff, and Nicholas Leister were parties grantors, with the other heirs at law of Abraham Leister, for the purpose of selling his real estate, for distribution, after paying the expenses of the trust, and the balance of his debts not satisfied by the personal estate; the deed providing that the distribution should be made “under the direction of the circuit court, all points of dispute as to *128advancement, or any other matter that may arise in the premises, to be adjusted by said court.”…

2Cases cited6 opinions

  1. Farmers' Bank v. BeastonCourt of Appeals of Maryland · 1836
  2. Ellicott v. United States InsuranceCourt of Appeals of Maryland · 1848
  3. State ex rel. Rogers v. KrebsCourt of Appeals of Maryland · 1823
  4. Hertle v. SchwartzeCourt of Appeals of Maryland · 1852
  5. Ford v. PhilpotCourt of Appeals of Maryland · 1821

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. McPherson v. SnowdenCourt of Appeals of Maryland · 1862
  2. Williams v. JonesCourt of Appeals of Maryland · 1873
  3. Groome v. LewisCourt of Appeals of Maryland · 1865
  4. Russell & Co. v. MillettWashington Supreme Court · 1898
  5. Loyola Federal Savings & Loan Ass'n v. GalanesCourt of Special Appeals of Maryland · 1976

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API