Plummer v. Eckenrode
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County. Upon a mechanic’s lien claim filed hy the appellee against a tenant house and a harn of the appellant, a writ of scire facias was issued and a return of scire feci thereon .made hy the sheriff.
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Appeal from the Circuit Court for Prince George’s County. Upon a mechanic’s lien claim filed hy the appellee against a tenant house and a harn of the appellant, a writ of scire facias was issued and a return of scire feci thereon .made hy the sheriff. Afterwards the defendant by his attorney, moved the Court to quash the writ of scire facias, which issued in this cause against him, and the return of the sheriff thereon, for the following reasons: 1. Because a copy of said writ of scire facias was not left with any person residing in the tenant house, in said writ of scire facias mentioned, or…
1Opinion of the CourtBrent, J.
From the view we take of this case the judgment must he reversed.
While the record is unsatisfactory in showing very clearly from what action of the Circuit Court this appeal is taken, it was conceded in the argument that the appeal is taken, at least, from the refusal of the Court to grant the motion to quash. We shall so consider it.
The counsel for the appellee have argued that the motion applied solely to the writ of scire facias, and did not embrace the sheriff’s return made upon it. ’ The record shows that in this they were mistaken. The motion of the 5th of March, 1877, does refer…
2Cases cited1 opinion
- Hess v. PoultneyCourt of Appeals of Maryland · 1856
3Cited by2 opinions
- Treusch v. ShryockCourt of Appeals of Maryland · 1881
- Hermann v. F. Mertens' SonsCourt of Appeals of Maryland · 1898