Arnold v. Fowler
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County (Revele and Reifsnider, JJ.) The plaintiff’s first prayer, which was granted, declared that if it should be found as facts that the plaintiff, as sheriff, under the instruction of the defendant, levied the writ of fi. fa. on the growing crops of the execution debtor, Wilson, the defendant agreeing that he would- order and arrange for the hands and teams to gather the crop of peaches, and that before the day fixed by…
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Appeal from the Circuit Court for Anne Arundel County (Revele and Reifsnider, JJ.) The plaintiff’s first prayer, which was granted, declared that if it should be found as facts that the plaintiff, as sheriff, under the instruction of the defendant, levied the writ of fi. fa. on the growing crops of the execution debtor, Wilson, the defendant agreeing that he would- order and arrange for the hands and teams to gather the crop of peaches, and that before the day fixed by defendant for gathering the peaches, the defendant instructed plaintiff to release the crop so levied on from the operation…
1Opinion of the CourtFowler, J.
The late Thomas H. Arnold, of Anne Arundel County recovered a judgment for $148.29 against Samuel T. Wilson of the same county and caused a writ of fieri facias to be issued thereon. The writ was executed by Joseph O. Fowler, then sheriff of said county, and the judgment debtor, the said Samuel T. Wilson, subsequently brought suit on the sheriff’s official bond and after failing to recover in the Circuit Court he took an appeal to this Court, and it was held in the case of Wilson v. Fowler, 88 Md. 602, that he was entitled to recover damages for the illegal and oppressive, because excessive,…
2Cases cited1 opinion
- State v. FowlerCourt of Appeals of Maryland · 1898
3Cited by3 opinions
- Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
- Maxwell v. N. O. Ry. & Lt. Co.Louisiana Court of Appeal · 1922
- Weir v. Hum TongMontana Supreme Court · 1935