Young v. Citizens' Bank
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Prince George’s County. The suit in this case was instituted on the 10th of March, 1864, by the appellee against David Young, the intestate of the appellants, to recover on a draft, dated 19th August, 1860, drawn by him on J. Townshend & Co., for $897.44, payable four months after date, to the order of James S. Morsell, Jr., and by him endorsed to the appellee.
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Appeal from tbe Circuit Court for Prince George’s County. The suit in this case was instituted on the 10th of March, 1864, by the appellee against David Young, the intestate of the appellants, to recover on a draft, dated 19th August, 1860, drawn by him on J. Townshend & Co., for $897.44, payable four months after date, to the order of James S. Morsell, Jr., and by him endorsed to the appellee. The summons was returned to the following April Term of the Court endorsed '■'■mortuus est.” David Young was dead at the time the summons issued against him, and letters of administration on his estate…
1Opinion of the Court
Stewart, J.,
delivered tbe opinion of tbe Court.
Tbe motion of tbe appellants to abate tbe suit, and all tbe proceedings, was made at the November Term, 1866, of the Court below. From tbe refusal of which motion, this appeal has been taken.
To sustain their motion, tbe appellants assigned two reasons:
1st. Because tbe original writ issued against David Young when be was dead.
2d. Because tbe appearance of tbe appellants as the administrators, by attorney, was improperly entered.
Tbe record shows that tbe Sheriff’s return of mortuus est was made at the April Term of tbe Court, in the year 1864, at…
2Cases cited2 opinions
- Chapman v. DavisCourt of Appeals of Maryland · 1846
- Eschbach v. BayleyCourt of Appeals of Maryland · 1868
3Cited by2 opinions
- Wagner v. ScurlockCourt of Appeals of Maryland · 1934
- Philadelphia, Wilmington & Baltimore Railroad v. BurkhardtCourt of Appeals of Maryland · 1896