Burroughs v. Clarke
Court of Appeals of Maryland
Appeal from St. Mary's county court. This was an action of debt, brought on the 17th August 1840, by the appellant against the appellees. The plaintiff declared on a bond, executed 2nd May 1838, with condition, that Philip Clarke do, and shall prosecute, with effect, the writ of replevin recited in the bond, against the appellant, and shall well and truly return, &c., and pay and satisfy all damages.
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Appeal from St. Mary's county court. This was an action of debt, brought on the 17th August 1840, by the appellant against the appellees. The plaintiff declared on a bond, executed 2nd May 1838, with condition, that Philip Clarke do, and shall prosecute, with effect, the writ of replevin recited in the bond, against the appellant, and shall well and truly return, &c., and pay and satisfy all damages. The defendants below, pleaded general performance, and the plaintiff replied, that P. G. did not prosecute the replevin with effect, to his, the plaintiff’s damage. To this the defendants…
1Opinion of the CourtMagrtider, J.
To an action upon a replevin bond, given by the first named defendant, as principal, and the other two defendants, as his securities, performance was pleaded in this suit. The replication is, that the defendant, Clarke, did not prosecute his writ with effect; thereupon the defendants rejoin, that the appellant was a petitioner for the benefit of the insolvent laws, and the first named defendant was appointed his trustee, and was entitled to sue for and recover all his interests of whatever nature, at and before the time of the institution of this suit. To this the plaintiff demurred, and the…
2Cited by5 opinions
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- Winter v. GorsuchCourt of Appeals of Maryland · 1879
- Pritchett v. JacksonCourt of Appeals of Maryland · 1906
- Callaway v. Forest Park Highlands Co.Court of Appeals of Maryland · 1910
- Auburn Shale Brick Co. v. Cowan Building Co.Court of Appeals of Maryland · 1915