Bridendolph v. Zeller
Court of Appeals of Maryland
Error to the Circuit Court for Washington County. This case is the same as that reported in 3 Md. Rep., 325, With the exception that the present record states that to the first sci.fa. the sheriff, when called, answered “nihil,” which was forthwith entered upon the docket, but made no written return endorsed upon the writ, (the second sci.fa. was, as in (he previous record, regularly returned “nihil) and that Bridendolph also made a motion to strike out the judgment fiat,…
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Error to the Circuit Court for Washington County. This case is the same as that reported in 3 Md. Rep., 325, With the exception that the present record states that to the first sci.fa. the sheriff, when called, answered “nihil,” which was forthwith entered upon the docket, but made no written return endorsed upon the writ, (the second sci.fa. was, as in (he previous record, regularly returned “nihil) and that Bridendolph also made a motion to strike out the judgment fiat, which the court overruled. Since the former appeal no further proceedings were had in the court below; and the case is now…
1Opinion of the CourtLe Grand, C. J.
When this case was before us, at December term 1852, we indicated the proper course to be pursued by the appellant, which was, to proceed under the act of 1787, ch. 9. The opinion was expressed on the condition of the record, which showed that a fiat had been entered on the return of one nihil. The record now before us shows that this was not the case, and that there was a second entry on the docket of nihil and, also, that the appellant did file a motion to strike out the judgmentyiai. Had his motion prevailed, he could have appeared to the sci. fa. and pleaded nul liel record, which wmuld…
2Cases cited2 opinions
- Tolson v. TolsonCourt of Appeals of Maryland · 1849
- Fitzhugh v. McPhersonCourt of Appeals of Maryland · 1837
3Cited by6 opinions
- Smith v. ShafferCourt of Appeals of Maryland · 1878
- Carrington v. Thomas C. Basshor Co.Court of Appeals of Maryland · 1913
- Pasarew Construction Co. v. Tower Apartments, Inc.Court of Appeals of Maryland · 1955
- Ecker v. First National BankCourt of Appeals of Maryland · 1884
- Gabelein v. PlaenkerCourt of Appeals of Maryland · 1872
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