Legal Opinion

Kemp ex rel. Kemp v. Cook

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 3 opinions

Appeal from the Circuit Court for Frederick county. This appeal was taken from an order of the court below, (Nelson, J.,) making absolute a rule obtained by the appellee, Ridgely, in a scire facias ease, and directing certain judgments to be stricken out and set aside, and the cause to be reinstated on the trial docket, to be tried anew. The facts of the case are briefly stated in the opinion of this court.

1Opinion of the CourtTuck, J.

This record is submitted on the notes of the appellant.

It appears that Kemp and Buckey recovered judgment against L. S. Cook and Hiram Ridgely, and that they after-wards, with two sureties, confessed a supersedeas judgment before justices of the peace. The plaintiff then sued out a sci. fa. against all these parties, to revive the judgment, Ridgely filed a petition in the sci. fa. cause, alleging that he was under the age of twenty-one at the rendition of both these judgments, and that he was merely surety for L. S. Cook, and prayed that the judgments might be stricken out, and the…

2Cases cited1 opinion

  1. M'Farland v. IrwinNew York Supreme Court · 1811

3Cited by3 opinions

  1. Kemp v. CookCourt of Appeals of Maryland · 1861
  2. Board of County Commissioners v. Baden Volunteer Fire Department, Inc.Court of Appeals of Maryland · 1970
  3. State ex rel. Elder, Gelston & Co. v. ReaneyCourt of Appeals of Maryland · 1859

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