Brice v. State
Court of Appeals of Maryland
Appeals, &o. The first of these appeals was from the Orphans court of Baltimore county, and arose upon the application of William Burton, for letters of administration on the estate of Ephraim Sims.
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Appeals, &o. The first of these appeals was from the Orphans court of Baltimore county, and arose upon the application of William Burton, for letters of administration on the estate of Ephraim Sims. The court had adjudged that the applicant was entitled to letters; he then tendered a bond with securities satisfactory to the court, and offered to take tire oaths of office, but as the bond was not stamped, according to the act of 1844, ch. 280, the court, on that ground alone, refused to approve of it; Burton appealed to this court. The second was a writ of error to Baltimore city court, sued…
1Opinion of the Court
Magruder, J.,
delivered his opinion as follows:
These several cases, although they present different questions, have been argued together, and will be disposed of at the same time. All of them arise under the act of Assembly of 1844, chap. 280.
With respect to one of the appeals by G. H. Brice, the court below erred, in deciding that the bond tendered required a stamp. It is a bond with a collateral condition, and no bonds of that description are required by the act of Assembly to be stamped. It is true that such bonds, like others, are obligations, but, they do not oblige the obligors to pay…
2Cases cited2 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
3Cited by4 opinions
- Keller v. StateCourt of Appeals of Maryland · 1857
- Feeser v. FeeserCourt of Appeals of Maryland · 1901
- Allen v. LambdenCourt of Appeals of Maryland · 1852
- Union Bank v. KerrCourt of Appeals of Maryland · 1854