State v. Milburn
Court of Appeals of Maryland
Appeal from St. Mary’s county court. In this case an action of debt was instituted by the State upon the bond of Alexander Milburn, (given by him and his sureties, the other appellees,) as collector of the State tax in St. Mary’s county for the year 1846. The bond is dated the 29th of April, 1846, and recites, that said Milburn had been appointed collector of the State tax in said county for the year 1846, by the commissioners of said county, and is conditioned for the…
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Appeal from St. Mary’s county court. In this case an action of debt was instituted by the State upon the bond of Alexander Milburn, (given by him and his sureties, the other appellees,) as collector of the State tax in St. Mary’s county for the year 1846. The bond is dated the 29th of April, 1846, and recites, that said Milburn had been appointed collector of the State tax in said county for the year 1846, by the commissioners of said county, and is conditioned for the faithful performance of his duties as such collector. Upon this bond was the following endorsement: “May 4th, 1845. The…
1Dissent
Frick, J.,
dissented, and delivered the following opinion, in which Dorsey, O. J., concurred.
This action is instituted upon a bond given to the State of Maryland, by a collector of the State taxes and his sureties, the present appellees.
Several pleas were filed to the action below, to some of them an issue was tendered by the plaintiff, to others the State, by its attorney, demurred. The principal and the only important question, however, for the decision of this court, arises upon the second plea, which asserts, that the plaintiff ought not to maintain this action; “because the said writing…
Also in this document: Opinion of the Court.
2Cases cited6 opinions
- State v. BuchananCourt of Appeals of Maryland · 1821
- United States v. KnightSupreme Court of the United States · 1840
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- People v. GilbertNew York Supreme Court · 1820
- State v. President of the Bank of MarylandCourt of Appeals of Maryland · 1834
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3Cited by19 opinions
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- State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
- Cearfoss v. StateCourt of Appeals of Maryland · 1875
- Nationwide Mutual Insurance v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1988
- Mayor of Baltimore v. StateCourt of Appeals of Maryland · 1977
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