Newcomer v. Keedy
Court of Appeals of Maryland
Appeal from Washington county court. Tins was an action of trespass on the case brought by the appellee against the appellant, the late sheriff of Washington county, for a false return to certain fi. fas. upon judgments obtained by the plaintiff against Abraham Barnes. The defendant pleaded not guilty and limitations. The plaintiff applied for a rule to show cause why the plea of limitations should not be stricken out.
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Appeal from Washington county court. Tins was an action of trespass on the case brought by the appellee against the appellant, the late sheriff of Washington county, for a false return to certain fi. fas. upon judgments obtained by the plaintiff against Abraham Barnes. The defendant pleaded not guilty and limitations. The plaintiff applied for a rule to show cause why the plea of limitations should not be stricken out. Affidavits supporting the application were filed, the purport of which are fully stated in the opinion of this court. The court below made the rule absolute, and the cause was…
1Opinion of the CourtFrick, J.
'The facts in this case spread out upon affidavits, may be thus condensed into what is material for our notice in expressing an opinion.
Several actions were instituted by this plaintiff, (now appellee,) against the defendant. The plaintiff’s counsel carried the nars to the office, and handed them to the deputy clerk, who endorsed them as “ filed the 25th September, 1848.” The counsel then offered to deposit them in the usual receptacle for such papers, and they were handed to him for that purpose, without any entry on the docket of their being filed.
*266Afterwards the defendant and his counsel,…
2Cited by4 opinions
- The Chatham Corp. v. BeltramCourt of Appeals of Maryland · 1966
- Hamilton v. ThirstonCourt of Appeals of Maryland · 1902
- Schulze v. FoxCourt of Appeals of Maryland · 1880
- Wilkin Manufacturing Co. v. MelvinCourt of Appeals of Maryland · 1911