Yerby v. Lackland
Court of Appeals of Maryland
ArPE«. from Montgomery county court. The now appellant, as plaintiff in the court below, ip order to obtain an attachment under the act of 1795,. ch. 56, produced to. the clerk of that court an affidavit, with a promissory not® thereto annexed, together with a warrant from a justice of the peace of that county, directing the attachment to be is-, .sued.
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ArPE«. from Montgomery county court. The now appellant, as plaintiff in the court below, ip order to obtain an attachment under the act of 1795,. ch. 56, produced to. the clerk of that court an affidavit, with a promissory not® thereto annexed, together with a warrant from a justice of the peace of that county, directing the attachment to be is-, .sued. The affidavit is qs follows: “State of Maryland, Montgomery county, to wit: On this fourth day of February 1819, personally appeared before me, the subscriber, a justice of the peace for the county aforesaid, John Yerby, a citizen of the…
1Opinion of the CourtEarle, J.
In the. only bill of excepti ms filed in this cause, there are two. opinions delivered by Montgomery county court, unfavourable to the claims of the appellant. In the one the court decide, that the lands atiached are not subject to condemnation for the debt of the appellant; and by the other, they refuse on his prayer to instruct the jury, that the defendant had no right to set off against the appellant’s claim for rents coming into the defendant’s hands after laying the attachment, their demand for 0300 stated in their affidavit to have been overpaid Heeding on account of the personal…
2Cited by2 opinions
- MatthewsCourt of Appeals of Maryland · 1863
- Barr v. PerryCourt of Appeals of Maryland · 1845