Legal Opinion

Davidson v. Myers

Court of Appeals of Maryland

Decided May 2, 1866PublishedCited by 10 opinions

Appeal from the Superior Court of Baltimore City. On the 14th of December, 1863, the appellant filed his bill of complaint in the Superior Court of Baltimore City, stating as follows : “That at January Term, 1882, of the Court of Common Pleas for Baltimore City, your orator obtained a judgment by default against a certain William Rogers, which was afterwards extended by the agreement of the parties on the 30th day of October, 1862, for the sum of $277.50 cts., with interest…

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Appeal from the Superior Court of Baltimore City. On the 14th of December, 1863, the appellant filed his bill of complaint in the Superior Court of Baltimore City, stating as follows : “That at January Term, 1882, of the Court of Common Pleas for Baltimore City, your orator obtained a judgment by default against a certain William Rogers, which was afterwards extended by the agreement of the parties on the 30th day of October, 1862, for the sum of $277.50 cts., with interest from the 24th day of October, 1862, and costs, that on the 18th day of August, 1863, your orator caused a writ of fieri…

1Opinion of the CourtCochran, J.

The appellant rests his claim to relief on a judgment by default, obtained in January, 1862, and upon which, as appears from .the record, a final judgment by confession was entered in the month of October following. The Act of 1861, ch. 70, declares that judgments shall be liens, “for their amount and from their date,” on leasehold interests, in the same manner as upon real estate-; and the appellant’s proposition is, that the judgment by default, relied on here, operated as a lien on the leasehold property of the debtor from the time of its rendition.

The character of such a judgment is well…

2Cases cited5 opinions

  1. Green v. HamiltonCourt of Appeals of Maryland · 1860
  2. United States v. MorrisonSupreme Court of the United States · 1830
  3. Clements v. BerrySupreme Court of the United States · 1851
  4. Eschbach v. PittsCourt of Appeals of Maryland · 1854
  5. Kiersted v. Rogers & GarlandCourt of Appeals of Maryland · 1824

3Cited by10 opinions

  1. Union Trust Co. v. BiggsCourt of Appeals of Maryland · 1927
  2. Lee v. KeechCourt of Appeals of Maryland · 1926
  3. Maggin v. StevensCourt of Appeals of Maryland · 1972
  4. J. C. Penney Co. v. HarkerCourt of Special Appeals of Maryland · 1974
  5. Heyward v. SannerCourt of Appeals of Maryland · 1897

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