Hamilton v. State ex rel. Hardesty
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action on an injunction bond, brought by the appellee against the appellant and George H. Wetter and John Sauerhoff.
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Appeal from the Superior Court of Baltimore City. This was an action on an injunction bond, brought by the appellee against the appellant and George H. Wetter and John Sauerhoff. The narr. alleged the issuing of the injunction at the instance of Wetter, to restrain all proceedings for the foreclosure of a mortgage from Wetter to one William Ward, and by him assigned to the appellee, Hardesty, and for the collecting of certain ground rents — the dissolution of the injunction by the Court, and an affirmance of the dissolution by the Court of Appeals. The appellant and Wetter were summoned — the…
1Opinion of the CourtAlvey, J.
The Code, Art. 75, sec. 87, provides that “no person shall be sued out of the county in which he resides, until the sheriff or coroner of the county in which he resides, shall have returned a non esi on a summons issued in such countyand in this case, the defendant, having tendered his plea, in the nature of a plea of abatement, at the appearance term, and before defence taken, with a proper affidavit as to its truth, alleging his non-residence in the city of Baltimore, and his residence in Baltimore county, and that no summons had been issued against him and returned in the county of his…
2Cases cited2 opinions
- Mayor of Baltimore v. PoultneyCourt of Appeals of Maryland · 1866
- Lloyd v. BurgessCourt of Appeals of Maryland · 1846
3Cited by8 opinions
- Gunther v. DranbauerCourt of Appeals of Maryland · 1897
- Tolman Laundry, Inc. v. WalkerCourt of Appeals of Maryland · 1936
- Gittings v. State ex rel. OckermeCourt of Appeals of Maryland · 1871
- Sailors' Union of the Pacific v. Hammond Lumber Co.Court of Appeals for the Ninth Circuit · 1907
- State Ex Rel. Gemundt v. ShipleyCourt of Appeals of Maryland · 1904
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