Frantz v. Smith
Court of Appeals of Maryland
Appeal from Jllleghany County Court. This was an action of debt, brought by the appellant on the 6th March, 1843, against Daniel Raymond, John Williams, Jacob Clammer and Samuel Coddington, upon a bond, to appellant reciting the recovery of judgment in said county court by him, against the said D. R. for the sum, &c., upon which he was about to sue out a writ of error to the then next Court of Appeals, with condition, that if he should not send up a transcript of the record…
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Appeal from Jllleghany County Court. This was an action of debt, brought by the appellant on the 6th March, 1843, against Daniel Raymond, John Williams, Jacob Clammer and Samuel Coddington, upon a bond, to appellant reciting the recovery of judgment in said county court by him, against the said D. R. for the sum, &c., upon which he was about to sue out a writ of error to the then next Court of Appeals, with condition, that if he should not send up a transcript of the record within the time required by law, prosecute the same with effect; and also satisfy and pay the said appellant, in case…
1Opinion of the CourtMagruder, J.
This is an appeal from a judgment of Jllleghany county court in favor of the defendant, in an action brought by the appellant. The. suit was upon a bond in which the testator of the appellee was a security. It recites a former judgment against another person, the principal obligor in the bond, and a writ of error obtained to remove that judgment to the Court of Appeals. The condition of the bond is in the usual form of bonds of that description.
The defendant, after craving oyer of the bond, &c,, pleaded performance of the condition, and the plaintiff in his replication set forth as the…
2Cases cited1 opinion
- Crane v. DygertNew York Supreme Court · 1830
3Cited by2 opinions
- Burgess v. LloydCourt of Appeals of Maryland · 1854
- Hopkins v. State ex rel. GonsoCourt of Appeals of Maryland · 1880