Legal Opinion

State ex rel. Nesbitt v. Logan

Court of Appeals of Maryland

Decided March 5, 1870PublishedCited by 4 opinions

Appeal from tlie Circuit Court for Washington County. This was a suit instituted on the 3d of December, 1859, by the appellant, upon the bond of William Logan, who was sheriff of Washington county from December, 1853, to December, 1855, to recover from the appellees the amount of fees claimed to be due to Isaac Nesbitt, as clerk of the Circuit Court for Washington county, and for which fee bills were alleged to have been placed in the hands of said sheriff for collection;…

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Appeal from tlie Circuit Court for Washington County. This was a suit instituted on the 3d of December, 1859, by the appellant, upon the bond of William Logan, who was sheriff of Washington county from December, 1853, to December, 1855, to recover from the appellees the amount of fees claimed to be due to Isaac Nesbitt, as clerk of the Circuit Court for Washington county, and for which fee bills were alleged to have been placed in the hands of said sheriff for collection; who did not collect, account for and pay over the same to the said Isaac, but refused and neglected, whereby the condition…

1Opinion of the CourtGrason, J.

The question presented by the first bill of exceptions is, whether the several writs of summons set out in this record, were admissible, upon an issue joined, upon a rejoinder of nul tiel record, to prove the record. It was contended by the counsel for the appellees, that the first summons issued in the cause, differed from all those subsequently issued in this, that, whereas the first did not state the cause of action sued on, all the others did; and that it did not therefore appear upon their face that they had all been issued in the same cause. It was also urged, that as the first summons…

2Cases cited4 opinions

  1. Hazlehurst v. MorrisCourt of Appeals of Maryland · 1868
  2. Nesbit v. Manro ex rel. WarfieldCourt of Appeals of Maryland · 1840
  3. Thomas v. Visitors of Frederick county schoolCourt of Appeals of Maryland · 1835
  4. Byrne v. John McPhersonCourt of Appeals of Maryland · 1841

3Cited by4 opinions

  1. Stern v. BenningtonCourt of Appeals of Maryland · 1905
  2. Hansel v. CollinsCourt of Appeals of Maryland · 1941
  3. Dingee v. KearneyMissouri Court of Appeals · 1876
  4. Washington & Rockville Railway Co. v. JohnsonCourt of Appeals of Maryland · 1915

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