Dawson v. Contee
Court of Appeals of Maryland
Appeal from the Circuit Court of Anne Arundel County. The appellant, on the 22d of April 1863, sued out an Attachment on warrant against the lands, tenements, goods and chattels of the appellee, as a non-resident debtor, returnable on the fourth Monday of October then next ensuing. The attachment was returned “laid as per schedule,” and the summons against the defendant “not found.”
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Appeal from the Circuit Court of Anne Arundel County. The appellant, on the 22d of April 1863, sued out an Attachment on warrant against the lands, tenements, goods and chattels of the appellee, as a non-resident debtor, returnable on the fourth Monday of October then next ensuing. The attachment was returned “laid as per schedule,” and the summons against the defendant “not found.” Thereupon the appellant moved for a judgment of condemnation, which the Court (Brewer, J.) refused: “because of the uniform practice of the Court not to enter a judgment of condemnation until after the expiration…
1Opinion of the CourtBowie, C. J.
The preliminary question to be considered is, whether the refusal of a judgment of condemnation, is such an order as may be appealed from.
Although it is not strictly speaking a final judgment, yet if the motion was improperly refused, it prejudices the plaintiff as effectually as a judgment of non pros. The motion is not one of those addressed to the discretion of the Court, but an application for a legal remedy, prescribed by Act of Assembly to be granted “ex débito” and not “e gratia,” or refused according to the true con*29struction of the Act. This motion is not to be classed with motions…
2Cases cited2 opinions
- Wright v. HamnerCourt of Appeals of Maryland · 1853
- Walters v. MunroeCourt of Appeals of Maryland · 1861
3Cited by3 opinions
- Western National Bank v. National Union BankCourt of Appeals of Maryland · 1900
- George F. Sloan & Bro. v. Locust Point Co.Court of Appeals of Maryland · 1889
- Laflin & Rand Powder Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1885