Legal Opinion

Brumbaugh v. Schnebly

Court of Appeals of Maryland

Decided December 15, 1852PublishedCited by 8 opinions

Appeal from the equity side of Washington county court. The bill in this case was filed on the 20th of March 1844, by the appellants, the complainants below, against the appellee, and alleges that the complainants on the 10th of June 1843, confessed two judgments in favor of the appellee, before a justice of the peace, each for the sum of $92.11^, that the complainant David, was a surety of the said Joseph in said judgments, and was induced to become such in consequence of…

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Appeal from the equity side of Washington county court. The bill in this case was filed on the 20th of March 1844, by the appellants, the complainants below, against the appellee, and alleges that the complainants on the 10th of June 1843, confessed two judgments in favor of the appellee, before a justice of the peace, each for the sum of $92.11^, that the complainant David, was a surety of the said Joseph in said judgments, and was induced to become such in consequence of the representations of the appellee, that the debts for which the judgments were rendered were bona fide; that he has…

1Opinion of the CourtLe Grand, C. J.

The bill in this case was filed to have the defendant .enjoined from issuing executions on two judgments which had been confessed before a justice of the peace. The bill in substance avers, that no warrant ever issued, and at the time of the confession of the judgments the complainants believed the claim of the defendant to be just and free from all objection, but that sinc.e then they discovered it to be fraudulent and usurious. The answer of respondent denies all fraud and usury. This being so, the only question presented to this court is, ought relief to be sought in equity against the…

2Cases cited1 opinion

  1. Dilley v. ShipleyCourt of Appeals of Maryland · 1846

3Cited by8 opinions

  1. Windwart v. AllenCourt of Appeals of Maryland · 1859
  2. Home Life Insurance v. Caulk Bros.Court of Appeals of Maryland · 1897
  3. Sisk v. GareyCourt of Appeals of Maryland · 1867
  4. Parker v. BerrymanCourt of Appeals of Maryland · 1938
  5. Smith Premier Typewriter Co. v. WestcottCourt of Appeals of Maryland · 1910

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