Sasscer v. Walker's Ex'rs
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of Debt, instituted by the appellees, against the appellant and James Kemp, on the 13th of June, 1837, in an appeal bond, dated June the 13th, 1833, in the penalty of $850, in which Kemp was the principal, and the appellant his surety. The judgment of the County Court on the demurrer being for the plaintiffs, the defendant, Sasscer, brought the record by appeal to this court.
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Appeal from Prince George’s County Court. This was an action of Debt, instituted by the appellees, against the appellant and James Kemp, on the 13th of June, 1837, in an appeal bond, dated June the 13th, 1833, in the penalty of $850, in which Kemp was the principal, and the appellant his surety. The judgment of the County Court on the demurrer being for the plaintiffs, the defendant, Sasscer, brought the record by appeal to this court. His honor, the chief judge, who delivered the opinion of the Court of Appeals, stated the pleadings as follows : The appellees, as executors of William Walker,…
1Opinion of the Court
Buchanan, Ch. J.,
delivered the opinion of the court.
The record submitted to us, presents this case, vide statement, ante p. 103. Which, then, committed the first fault in pleading, is an inquiry, thrown upon us by the demurrer.
The appellees being styled in the writ, “ executors of William Walker,” and merely called in the declaration, (after reciting the writ,) “ the said plaintiffs,” the words ££ the said plaintiffs,” in the declaration, must be understood, as having reference to the plaintiffs as described in the writ, and to mean the plaintiffs, executors of William Walker; and being…
2Cited by7 opinions
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- Mylander v. PageCourt of Appeals of Maryland · 1932
- Campbell v. BoothCourt of Appeals of Maryland · 1855
- State ex rel. Hughes v. WilmerCourt of Appeals of Maryland · 1886
- Schleigh v. Hagerstown BankCourt of Appeals of Maryland · 1846
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