Byer v. Etnyre
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of assumpsit, commenced on the 12th October 1842, by the appellees, partners, trading under the firm of Etnyre and Besore, against the appellant.
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Appeal from Washington County Court. This was an action of assumpsit, commenced on the 12th October 1842, by the appellees, partners, trading under the firm of Etnyre and Besore, against the appellant. The plaintiff’s declared that the defendant, being indebted to them, in the sum of, &e., for a certain crop of wheat, in the ground, of the plaintiff’s, before that time bargained and sold, by the plaintiff to the defendants ; for matters properly chargeable in account; and for an account stated between the parties. The account filed with the declaration, wrns as follows: “Frederick Byer bought…
1Opinion of the CourtDorsey, J.
The County court, we think, committed no error in overruling the appellant’s objections to the admissibility of the writs of fieri facias, and the endorsements thereon. The first of which is, “that the endorsements on the said writs do not sufficiently shew a levy upon, or seizure of the grain in question.” There is no precise form of return to such executions prescribed bylaw; and that made by the constable on this occasion, as far as this objection is concerned, is in accordance with the returns usually made by such officers; and by common usage and acceptation, the term “levied” when thus *159u…
2Cited by3 opinions
- Gaither v. MartinCourt of Appeals of Maryland · 1852
- Blackburn v. BeallCourt of Appeals of Maryland · 1864
- Whitridge v. Mayor of BaltimoreCourt of Appeals of Maryland · 1906