Everett v. State ex rel. McKaig
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This was a suit brought upon an appeal bond,- the conditions of which will be found set forth in the opinion of this Court. The breaches were assigned in the declaration. The defendants pleaded substantially the following pleas: 1st. That the receivers induced Neff to distrain upon and take the property for rent, under the distress of 8 th May, 1862, and that he sold the same and thereby deprived Everett of the property. 2d.
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Appeal from the Circuit Court for Allegany County. This was a suit brought upon an appeal bond,- the conditions of which will be found set forth in the opinion of this Court. The breaches were assigned in the declaration. The defendants pleaded substantially the following pleas: 1st. That the receivers induced Neff to distrain upon and take the property for rent, under the distress of 8 th May, 1862, and that he sold the same and thereby deprived Everett of the property. 2d. That Neff distrained upon the property on the 17th April, 1862. That Avery and others, by the agreement of the 22d…
1Opinion of the CourtMiller, J.
After affirmance, in the case of Everett, Adm'r of Tough, vs. Avery and others, reported in 19 Md. Rep., 136, of the order appointing the receivers, they brought the present action on Everett’s appeal bond, to recover the value of the property in their possession at the time of the appeal, which had been disposed of pending the appeal. The condition of the bond is to transmit the record, prosecute the appeal with effect “ and also indemnify and save harmless ” Avery, Reid, Snyder and Montgomery the petitioning claimants, “and all other persons who may be entitled to the benefit of said…
2Cases cited5 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
- Morrison v. Hammond's LesseeCourt of Appeals of Maryland · 1867
- Everett v. AveryCourt of Appeals of Maryland · 1862
3Cited by10 opinions
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- Home Fire Insurance v. DutcherNebraska Supreme Court · 1896
- Le Strange v. State ex rel. RocheCourt of Appeals of Maryland · 1882
- Conowingo Land Co. v. McGawCourt of Appeals of Maryland · 1915
- Bowles v. M. P. Moller, Inc.Court of Appeals of Maryland · 1933
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