Newcomer v. Keedy
Court of Appeals of Maryland
This is an appeal from Washington county court, in an action on the case, against the appellant, late sheriff of that county, for a false return. The defendant pleaded actio non accrevit, <§rc., and to this plea the plaintiff demurred. The County court sustained the demurrer, and from that decision an appeal was prayed.
1Opinion of the Court
Le Giiaxd, G. J.,
delivered the opinion of the court.
There is but one question in this case, and that is, can limitations be pleaded to an action on the case against a sheriff for a false return to a fi.fa.6)
Were it not for the decision in French vs. O'Neile, 2 Harris and McHenry, 401, we should hold that the act of 1715, chap. 23, sec. 2, authorised such a plea to such an action. That decision was made in 1790, and since has not been questioned, so far as we are informed. Under these circumstances, we do not feel justified in overruling it, preferring to leave to the legislature the…
2Cited by5 opinions
- Mayor of Hagerstown v. SehnerCourt of Appeals of Maryland · 1872
- Sterling v. ReecherCourt of Appeals of Maryland · 1939
- Swick v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1947
- Catherine Dixon v. B. & B. R. R.District of Columbia Court of Appeals · 1881
- Henry v. KaufmanCourt of Appeals of Maryland · 1866