Legal Opinion

McCauley v. State

Court of Appeals of Maryland

Decided June 1, 1864PublishedCited by 7 opinions

Appit.au from the Circuit Court for Howard County : Tbis suit was instituted by the appellee against the appellants, on the 26th of August 1862, upon a collector’s bond,-which, as well as the evidence, are sufficiently set forth in the opinion of this court. The defendants first pleaded in abatement, that the action was not instituted by the State’s Attorney for Howard County, which was overruled by the Court. The defendants then filed the following pleas: 1st Plea.

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Appit.au from the Circuit Court for Howard County : Tbis suit was instituted by the appellee against the appellants, on the 26th of August 1862, upon a collector’s bond,-which, as well as the evidence, are sufficiently set forth in the opinion of this court. The defendants first pleaded in abatement, that the action was not instituted by the State’s Attorney for Howard County, which was overruled by the Court. The defendants then filed the following pleas: 1st Plea. The defendants above named, by R. J. Brent, their attorney, crave oyer of the writing obligatory aforesaid, and it is read to…

1Opinion of the CourtBowie, C. J.

The appellants were sued by the State on a bond executed by them on the 18th April 1856, with the condition annexed: “That if the above bound Joshua McCauley, shall well and faithfully execute his office' as collector of the State taxes, and shall well and truly account for, and pay over to, the -Treasurer of the State of Marylnnd, the several sums of money which he shall receive or be answerable for, at such times as the law directs, then this obligation to be null and void,' otherwise to be in full force and .virtue.” Endorsed on which bond, was as follows: “Approved by the board of…

2Cases cited2 opinions

  1. Henck v. TodhunterCourt of Appeals of Maryland · 1826
  2. Fowler v. LeeCourt of Appeals of Maryland · 1839

3Cited by7 opinions

  1. Williams v. Snyder, Adm'rCourt of Appeals of Maryland · 2001
  2. Bragunier v. PennCourt of Appeals of Maryland · 1894
  3. Schnapper v. YoeCourt of Appeals of Maryland · 1990
  4. Creager v. HooperBaltimore City Superior Court · 1896
  5. Harper v. CunninghamCourt of Appeals for the D.C. Circuit · 1895

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