Legal Opinion

Morgan v. Briscoe

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 4 opinions

Appeal from the Circuit Court for St. Mary’s eounty. This appeal was taken from a judgment of said circuit court, rendered by confession, on the 5th of August 1851, in favor of the appellees against the appellant, for $500 dam-* ages, to be released upon payment of $245.53, interest and costs.

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Appeal from the Circuit Court for St. Mary’s eounty. This appeal was taken from a judgment of said circuit court, rendered by confession, on the 5th of August 1851, in favor of the appellees against the appellant, for $500 dam-* ages, to be released upon payment of $245.53, interest and costs. The cause' of action filed was the bond of the appellant to the appellees, for $245.53, payable on demand, and dated 2nd of July 1851, which does not appear from the record to have been written on stamped paper. There was no declaration or any other pleading in the cause.

1Opinion of the CourtLe Grand, C. J.

This is an appeal from a judgment of St. Mary’s county court, rendered by confession on the 5th day of August 1851, in a case docketted by consent on that day. The cause of action filed with the written consent to docket the case, and the confession of judgment, was the bill obligatory of the appellant. The record does not show it was stamped as required by the act of Assembly. Because of this omission, and the want of a declaration in the cause, the appellant asks a'reversal of the judgment, and were it not for the provisions of the act of 1825, ch. 117, he would be entitled to it.

*273That act,…

2Cases cited1 opinion

  1. Cushwa v. CushwaCourt of Appeals of Maryland · 1850

3Cited by4 opinions

  1. Barker v. AyersCourt of Appeals of Maryland · 1853
  2. Cockey v. EnsorCourt of Appeals of Maryland · 1875
  3. Ecker v. First National BankCourt of Appeals of Maryland · 1884
  4. Hartford Accident & Indemnity Co. v. StateCourt of Appeals of Maryland · 1953

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