Morgan v. Morgan
Court of Appeals of Maryland
Appeal from Saint Marys County Court. This was an action of Debt instituted on the 30th of June, 1828, by the appellant, against the administrator of Boothe, who dying whilst the cause was depending, the present appellee appeared, and became a party.
Read the full summary
Appeal from Saint Marys County Court. This was an action of Debt instituted on the 30th of June, 1828, by the appellant, against the administrator of Boothe, who dying whilst the cause was depending, the present appellee appeared, and became a party. The suit was commenced on an injunction bond, (in which the intestate of the appellee, and one Walker, were principals,) dated on the 6th day of January, 1823, in the penalty of $2,000, with the following recital and condition: “ Whereas the above bound James Walker and Jeremiah, Boothe, are about to obtain an injunction to stay proceedings at…
1Opinion of the CourtEarle, J.
A general demurrer was put in to the replication in this case, and by the court below was ruled good. The suit being upon an injunction bond, the plaintiff set out his claim in the replication, and charged among other things, *401as a breach of the bond sued on, a failure to prosecute the injunction with effect, on the equity side of Saint Marys County Court, when in truth the principal obligors had engaged in the condition, to proseeute their writ of injunction with effect in the Court of Chancery. This was clearly a breach not within the contract the plaintiff had declared on, and was palpably…
2Cited by2 opinions
- Tucker v. State ex rel. KneightonCourt of Appeals of Maryland · 1857
- Eakle v. SmithCourt of Appeals of Maryland · 1867