Bridendolph v. Zellers' Executors
Court of Appeals of Maryland
Appeal from the circuit court for Washington county. On the 22nd of April 1851, Bridendolph, the plaintiff in error below, filed, in Washington county court, a petition to the judges thereof, stating that two writs of scire facias had issued out of said court against him, and judgment of fiat rendered thereon without his appearance, or opportunity of defence.
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Appeal from the circuit court for Washington county. On the 22nd of April 1851, Bridendolph, the plaintiff in error below, filed, in Washington county court, a petition to the judges thereof, stating that two writs of scire facias had issued out of said court against him, and judgment of fiat rendered thereon without his appearance, or opportunity of defence. That said sci. fas. recited a judgment, recovered by the defendants in error below, against him, at March term 1837 of said court, when in fact there was no such judgment, and that there was manifest error in the process, and that the…
1Opinion of the CourtLe Grand, C. J.
This is a writ of error coram nobis. It appears from the record that in the year 1837, in Washington county court, there was entered a judgment by confession against the appellant “for $!-, damages and costs, the damages to be released on the payment of $610, with interest from-till paid,” & c. At a subsequent term a writ of scire facias was issued, in which the judgment of 1837 was recited as one for $610; to this writ there was no return, and a second writ issued, to which there was a return of nihil, whereupon the court entered judgment fiat for $610, with interest from the 12th day of…
2Cited by5 opinions
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- Hawks v. StateCourt of Appeals of Maryland · 1932