May v. Wolvington
Court of Appeals of Maryland
Appeal, and appeal'as on Writ of Error, from the Court of Common Pleas. James W. Wolvington brought suit in the Court of Common Pleas against William H. May and John W. .Massie, executors of Winfield M. Simpson. No plea appearing to have been filed in the cause, the plaintiff moved for, and obtained a judgment according to^ the terms of the Act of 1886, ch. 184, sec. ItO.
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Appeal, and appeal'as on Writ of Error, from the Court of Common Pleas. James W. Wolvington brought suit in the Court of Common Pleas against William H. May and John W. .Massie, executors of Winfield M. Simpson. No plea appearing to have been filed in the cause, the plaintiff moved for, and obtained a judgment according to^ the terms of the Act of 1886, ch. 184, sec. ItO. May, who is styled the surviving executor of Simpson filed a petition praying that the judgment might be stricken out, and that he might have leave to file the necessary pleas in the case. At the hearing of the petition,…
1Opinion of the CourtBryax, J.
There was no necessity whatever for instituting two suits at the same time to recover the indebtedness alleged .to be due from the defendants to the plaintiff. Mr. Downs testifies that he supposed that there was only one suit; and that only one copy of a declaration was served on him. Whatever mistakes may have been made by him in these respects, it is abundantly clear that he intended to resist for his clients the payment of every portion of the plaintiff's claim. He did not know of the existence of any suit except the one now under consideration, and the pleas which he filed were intended…
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