Downey v. Forrester
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of scire facias instituted on the 3d of September, 1870, by the appellants to revive a judgment which had been confessed in their favor on the 3d of August, 1867, by the appellees. The appellees pleaded payment and satisfaction, and issue was joined thereon.
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Appeal from the Court of Common Pleas. This was an action of scire facias instituted on the 3d of September, 1870, by the appellants to revive a judgment which had been confessed in their favor on the 3d of August, 1867, by the appellees. The appellees pleaded payment and satisfaction, and issue was joined thereon. The plaintiffs asserted that the money admitted to have been received by them from the defendants, was appropriated to the payment of the indebtedness of Forrester, contracted after the dissolution of the partnership of the defendants, instead of being appropriated to the discharge…
1Opinion of the CourtBowie, J.
On the 3d of August, 1867, a judgment by confession was entered in the Court below in favor of the appellants, against the appellees, for $449.39.
A seire faeias, quare exeoutionem non, was issued on the 3d of September, 1870; to which the appellees pleaded, that the said judgment had been paid and satisfied. At the trial two exceptions were taken by the appellants to evidence offered by the appellees, and a third, to the rejection of the first and fourth prayers, and also to certain oral instructions, given by the Court “ sua sponte.”
The law is well settled, that in answer to a soi. fa. the…
2Cases cited1 opinion
- McCullough v. Franklin Coal Co.Court of Appeals of Maryland · 1864
3Cited by5 opinions
- Grantham v. Board of County CommissionersCourt of Appeals of Maryland · 1968
- Trieschman v. EatonCourt of Appeals of Maryland · 1961
- Feinglos v. WeinerCourt of Appeals of Maryland · 1942
- Rosenkovitz v. United Railways & Electric Co.Court of Appeals of Maryland · 1908
- Weant v. Southern Trust & Deposit Co.Court of Appeals of Maryland · 1910