Boyle v. Robinson
Court of Appeals of Maryland
Appeal from Baltimore County Court. In this case a writ, of scire facias issued on the 12th of February 1S22, reciting, that in Baltimore county court, on the third Monday of September 1819, Eve. Robinson, (the appellee,) appeared personally in that court and became pledge and bail, in the usual form, for John Coulter and John Fisher, in an action on the case brought by Francis Boyle, (the appellant,) against the said Coulter and Fisher, and a certain Samuel Hill.
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Appeal from Baltimore County Court. In this case a writ, of scire facias issued on the 12th of February 1S22, reciting, that in Baltimore county court, on the third Monday of September 1819, Eve. Robinson, (the appellee,) appeared personally in that court and became pledge and bail, in the usual form, for John Coulter and John Fisher, in an action on the case brought by Francis Boyle, (the appellant,) against the said Coulter and Fisher, and a certain Samuel Hill. That on the third Monday of September 1820, Boyle recovered judgment against Coulter and Fisher, for certain damages and costs,…
1Opinion of the CourtEarle, J.
This is the case of a scire facias against special bail, which was quashed, on motion, by the court below, ior insufficiency, with costs to the defendant. An affidavit, filed in support of the motion, states, that a mistake had been committed by the clerk in taking bail to the action — in taking Eve Robinson bail for Coulter and Fisher, whereas she was bail for Fisher only; and this, it is presumed, induced the court to set aside the scire facias, which appears to have been issued to make the bail responsible for Coulter.
The writ recites the recognizance of bail, the proceedings to judgment…
2Cited by2 opinions
- Schultze v. StateCourt of Appeals of Maryland · 1875
- Hall v. ClagettCourt of Appeals of Maryland · 1885