State v. Boulden
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Cecil County. This was an action brought against the appellees, Sheriff of Cecil County, and his sureties, to recover damages for an alleged i-efusal by the sheriff, to allow the equitable plaintiff, (now appellant,) the exemption to which he alleged he was entitled under the Act of 1861, ch. 7. The declaration averred the issuing of a writ o{'fieri facias against the goods and chattels of Philip Young, the equitable plaintiff, and the levy…
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Appeal from tlie Circuit Court for Cecil County. This was an action brought against the appellees, Sheriff of Cecil County, and his sureties, to recover damages for an alleged i-efusal by the sheriff, to allow the equitable plaintiff, (now appellant,) the exemption to which he alleged he was entitled under the Act of 1861, ch. 7. The declaration averred the issuing of a writ o{'fieri facias against the goods and chattels of Philip Young, the equitable plaintiff, and the levy on, and sale of the same by the sheriff; and assigned as a first breach of the condition of the appellees’ bond, that…
1Opinion of the Court
Milijíb, J.
delivered the opinion of the Court.
This is a suit upon a sheriff’s bond for an alleged failure of that officer, in the levy of an execution and sale of property thereunder, to allow the defendant in the execution the benefit of the exemption law of 1861, ch. 7. The questions, which are presented solely by the pleadings, involve the construction and effect of the first and second sections of that Act.
The first section declares, “that one hundred dollars worth of property of each defendant therein, shall he exempt from execution issued on any judgment in any *318civil proceeding…
2Cases cited1 opinion
- Bramble v. StateCourt of Appeals of Maryland · 1875
3Cited by7 opinions
- Muhr v. PinoverCourt of Appeals of Maryland · 1887
- Darby v. RouseCourt of Appeals of Maryland · 1891
- Fowler v. State Ex Rel. GrayCourt of Appeals of Maryland · 1904
- Andrews v. BriggsSupreme Court of Arkansas · 1942
- In Re GordonUnited States Bankruptcy Court, D. Maryland · 1996
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