Burtles v. State ex rel. Turner
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles county. This was an action of debt, instituted by the appellee against the appellant, as one of the sureties upon the constable’s bond of one Kelita Suit, dated the 28th of June 1845, the condition of which was, that if said Suit “shall well and truly execute the office of constable in the 4th election district of Charles county,” “and shall well and truly account for all moneys placed in his hands for collection, and shall well and…
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Appeal from the Circuit Court for Charles county. This was an action of debt, instituted by the appellee against the appellant, as one of the sureties upon the constable’s bond of one Kelita Suit, dated the 28th of June 1845, the condition of which was, that if said Suit “shall well and truly execute the office of constable in the 4th election district of Charles county,” “and shall well and truly account for all moneys placed in his hands for collection, and shall well and truly pay all sums of money received by him, then” the bond to be void. The defendant pleaded general performance, and…
1Opinion of the CourtLe Grand, C. J.
This is an action on a constable’s bond. After giving in evidence the receipt of the constable, the handwriting of which was admitted by the defendant, the plaintiff rested the case, whereupon the defendant prayed the opinion and direction of the court to the jury, that such evidence was not sufficient to entitle the plaintiff to recover. This direction the court refused to give, and it is this refusal which constitutes the first exception. We discover no error in the refusal of the circuit court. The exception does not set out the receipt, and we *278are, therefore, so far as this exception is…
2Cases cited1 opinion
- Brown v. EllicottCourt of Appeals of Maryland · 1852
3Cited by8 opinions
- Johns v. HodgesCourt of Appeals of Maryland · 1883
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Trustees of Riverdale Presbyterian Church v. Paul B. Pugh & Co.Court of Appeals of Maryland · 1928
- Zihlman v. Cumberland Glass Co.Court of Appeals of Maryland · 1891
- Jones v. StateCourt of Appeals of Maryland · 1912
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