Abell v. Simon ex rel. Simon
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. Maier Simon on the 28th of September, 1869, recovered against Elisha Riddle a judgment by confession for $619.67. . On the 16th of August, 1875, the judgment was entered to the use of Henry Simon, and on the same day an attachment was issued thereon, returnable on the second Monday of September, 1875. The writ of attachment was returned endorsed as follows: “Laid in the hands of Ed.
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Appeal from the Circuit Court for Baltimore County. Maier Simon on the 28th of September, 1869, recovered against Elisha Riddle a judgment by confession for $619.67. . On the 16th of August, 1875, the judgment was entered to the use of Henry Simon, and on the same day an attachment was issued thereon, returnable on the second Monday of September, 1875. The writ of attachment was returned endorsed as follows: “Laid in the hands of Ed. F. Abell on the 30th day of August, 1875, at 10 A. M., and summoned him as garnishee. Samuel F. Butler, Sheriff. ” On the 13th day of September, 1875, being the…
1Opinion of the CourtRobinson, J.
It has been decided repeatedly by this Court that in support of a motion to strike out a judgment after the term at which it was entered has passed there must be clear and satisfactory proof of fraud, mistake or surprise, and it is hardly necessary to state again the obvious reasons of public policy and of private right in which this well settled rule is founded. Katz vs. Moore, 13 Md., 566; Sherwood vs. Mohler, 14 Md., 564; Montgomery vs. Murphy, 19 Md., 576; Anderson, Garnishee vs. Graff, 41 Md., 601, 608; Sarlouis vs. Firemen’s Ins. Comp’y, 45 Md. 245.
*323There is no evidence here of fraud…
2Cases cited5 opinions
- Sarlouis v. Firemen's InsuranceCourt of Appeals of Maryland · 1876
- Montgomery v. MurphyCourt of Appeals of Maryland · 1863
- Anderson v. GraffCourt of Appeals of Maryland · 1875
- Sherwood v. MohlerCourt of Appeals of Maryland · 1860
- Katz v. MooreCourt of Appeals of Maryland · 1859
3Cited by26 opinions
- Madison v. StateCourt of Appeals of Maryland · 2001
- Harvey v. SlacumCourt of Appeals of Maryland · 1942
- Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
- Weitz v. MacKenzieCourt of Appeals of Maryland · 1975
- Hughes v. Beltway Homes, Inc.Court of Appeals of Maryland · 1975
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