Legal Opinion

Strasburger v. Barber

Court of Appeals of Maryland

Decided May 22, 1873PublishedCited by 10 opinions

Appeal from the Court of Common Pleas. The goods, for the taking of -which this action was brought, were seized and removed by the appellant McLaughlin on the 22d of June, 1871. On the day following this suit was instituted. On the 19th of July, next ensuing, the appellant Strasburger, by a written order, directed McLaughlin, the constable, to let Mrs. Barber have the goods.

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Appeal from the Court of Common Pleas. The goods, for the taking of -which this action was brought, were seized and removed by the appellant McLaughlin on the 22d of June, 1871. On the day following this suit was instituted. On the 19th of July, next ensuing, the appellant Strasburger, by a written order, directed McLaughlin, the constable, to let Mrs. Barber have the goods. On the following day Mrs. Barber, by a paper signed “M. A. Barber, per W. T. Barber, agent,” acknowledged the receipt of the goods and chattels from the constable, and that she ‘'thereby released him from any damage or…

1Opinion of the CourtBartol, C. J.

The appellee, a feme covert, by her next, friend, sued the appellants in trespass de bonis asportatis. It appears that the appellant, Strasburger, had recovered a judgment for $41.33 against W. T. Barber, plaintiff’s husband, and caused a writ of fieri facias issued thereon, to be levied by McLaughlin, a constable, upon certain goods in a store, alleged to be the separate property of Mrs. Barber, by whom the store was carried on. The goods seized, were removed from the store; and about one month thereafter, were returned to her possession by the appellants.

The case was submitted to the jury…

2Cited by10 opinions

  1. City of Teree Haute v. HudnutIndiana Supreme Court · 1887
  2. McClung-Logan Equipment Co. v. ThomasCourt of Appeals of Maryland · 1961
  3. Staub v. StaubCourt of Special Appeals of Maryland · 1977
  4. Sterling v. Marine Bk. of CrisfieldCourt of Appeals of Maryland · 1913
  5. Testerman v. H & R BLOCK, INC.Court of Special Appeals of Maryland · 1974

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