Legal Opinion

Harden v. Campbell

Court of Appeals of Maryland

Decided June 15, 1846PublishedCited by 2 opinions

Appeal from Carroll county court. This was a scire facias, sued out on the 31st August 1843, by the appellee against the appellant, to revive a judgment at law, and show cause why an execution should not be awarded, &c.

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Appeal from Carroll county court. This was a scire facias, sued out on the 31st August 1843, by the appellee against the appellant, to revive a judgment at law, and show cause why an execution should not be awarded, &c. The appellant, the defendant, pleaded, that on the 11th September 1838, the plaintiff sued forth upon the original judgment a writ of capias ad satisfaciendum, upon which the defendant, before the return, was arrested and detained in execution, and that the said writ was so returned at the return day thereof, as appears, &c.; wherefore he prays judgment, if the said plaintiff…

1Opinion of the CourtMartin, J.

In this case, a scire facias was issued by the appellee, for the purpose of reviving a judgment against the appellant.

In the pleas filed by the appellant, he alleges, that he had been arrested under a capias ad satisfaciendum, which the appellee had caused to be issued on the original judgment; that on the return day of the writ, he appeared in court, in the custody of the sheriff; that he was called on the capias, and answered and avowed himself in court, under the previous arrest; that the plaintiff, although demanded by the court, if he prayed a commitment of the defendant, refused to pray…

2Cases cited3 opinions

  1. Tayloe v. Thomson's LesseeSupreme Court of the United States · 1831
  2. United States v. StansburySupreme Court of the United States · 1828
  3. Yates v. Van Rensselaer & SchemerhonNew York Supreme Court · 1810

3Cited by2 opinions

  1. Lawson v. SnyderCourt of Appeals of Maryland · 1851
  2. McCullough v. Franklin Coal Co.Court of Appeals of Maryland · 1864

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