State ex rel. County Commissioners v. Horner
Court of Appeals of Maryland
Appeal from the Baltimore City Court. This was an action of debt on three several bonds of William Button, as collector of county taxes for the eleventh collection district of Baltimore county, for the years 1864, 1865 and 1866 respectively. The action was against the appellee as one of the sureties in each of the bonds. The declaration contained three counts. The defendant demurred generally to each count.
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Appeal from the Baltimore City Court. This was an action of debt on three several bonds of William Button, as collector of county taxes for the eleventh collection district of Baltimore county, for the years 1864, 1865 and 1866 respectively. The action was against the appellee as one of the sureties in each of the bonds. The declaration contained three counts. The defendant demurred generally to each count. The Court (Scott, J.,) sustained the demurrer, and gave judgment for the defendant. From this judgment the plaintiff appealed.
1Opinion of the CourtBartol, C. J.
The question raised by the demurrer is the sufficiency of the declaration. This contains three counts upon the several bonds given by William Button, as collector of county taxes for the eleventh collection district of Baltimore county, in the years 1864, 1865 and 1866.
The appellee is sued as one of the sureties in each of the bonds. Without setting out the declaration here at length, it will be sufficient to notice the points in which it is alleged -to be defective, they are as follows:
1st. Because it does not distinctly allege that Button had been appointed collector.
2d. It does not allege…
2Cases cited3 opinions
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- Billingsley v. StateCourt of Appeals of Maryland · 1859
- Watkinson v. CollinsCourt of Appeals of Maryland · 1683
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