Legal Opinion

Stewart v. State ex rel. Riggin

Court of Appeals of Maryland

Decided June 15, 1828PublishedCited by 5 opinions

Appeal from Somerset County Court Action of debt on the administration bond entered .into by the defendant, (the now appellant,) as administrator of John C. Steivart, deceased, on the 13th of October 1822. The following case was stated for the judgment of the county court thereon. It is admitted that John C. Steivart died in 1822; that the defendant was appointed his administrator, and gave bond for the faithful performance of his trust.

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Appeal from Somerset County Court Action of debt on the administration bond entered .into by the defendant, (the now appellant,) as administrator of John C. Steivart, deceased, on the 13th of October 1822. The following case was stated for the judgment of the county court thereon. It is admitted that John C. Steivart died in 1822; that the defendant was appointed his administrator, and gave bond for the faithful performance of his trust. That John C. Steivart, in his lifetime was possessed of the following negro slaves, to wit: Esther, Eleanor, Jinn, Ephraim, Elizabeth, Leah, and Sarah, who…

1Opinion of the CourtDorset, J.

The court being called on to revise a judgment given by the county court on a case stated, their sole duty is to declare the law on those facts only which the statement contains. Inferences of law they are competent to draw; but circumstanced as this case is, it is not their province to make deductions of fact. Their powers are restricted within the same limits, which would be prescribed to them, if they were called on to give judgment on a special verdict.

The bill of sale, upon its face, bears all the solemnities necessary to make it that which it purports to be — a sale of goods and…

2Cited by5 opinions

  1. Harford County v. Town of Bel AirCourt of Appeals of Maryland · 1998
  2. Shepherd v. BevinCourt of Appeals of Maryland · 1850
  3. Parks v. ParksCourt of Appeals of Maryland · 1863
  4. Taylor v. TurleyCourt of Appeals of Maryland · 1871
  5. Shriver v. Druid Realty Co.Court of Appeals of Maryland · 1926

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