Tucker v. State ex rel. Kneighton
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. This was an action of debt, brought by the State on the 22nd of March 1854, upon an appeal bond, dated the 24th of May 1853, in which the appellants, the defendants below, were sureties for Thomas R. Tongue, the principal obligor.
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Appeal from the Circuit Court for Anne Arundel county. This was an action of debt, brought by the State on the 22nd of March 1854, upon an appeal bond, dated the 24th of May 1853, in which the appellants, the defendants below, were sureties for Thomas R. Tongue, the principal obligor. This bond was executed to the State, in the penalt of $2000, and they condition is as follows: “Whereas the above bound Thomas E. Tongue, thinks himself aggrieved by a judgment rendered against him this day, by Stephen L. Lee, esquire, one of the justices of the peace for the, said county, at the suit of the…
1Opinion of the CourtTuck, J.
The appeal from the final judgment, authorises this court to review the rulings of the court below on the demurrers. Lawson vs. Snyder, 1 Md., Rep., 77, is a case directly in point.
In deciding the issues of law, we are not confined to an examination of the rejoinders to which the plaintiff demurred, but must consider the previous pleadings.
By profert of the bond and the grant of oyer of the bond and condition, they are made parts of the declaration, (Birckhead vs. Saunders, 2 H. & G., 82,) looking to which, we see that the same question arises that is presented by the fourth rejoinder.
This…
2Cases cited6 opinions
- State v. ManlyCourt of Appeals of Maryland · 1851
- Birckhead v. Saunders's Ex'r.Court of Appeals of Maryland · 1827
- Coleman v. StateCourt of Appeals of Maryland · 1856
- Johnson v. GoldsboroughGeneral Court of Virginia · 1804
- Morgan v. BlackistonCourt of Appeals of Maryland · 1820
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3Cited by14 opinions
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Chicago Building & Manufacturing Co. v. Talbotton Creamery & Manufacturing Co.Supreme Court of Georgia · 1898
- Schapiro v. ChapinCourt of Appeals of Maryland · 1930
- Silver Peak Mines v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1910
- Vahle v. BrackenseikIllinois Supreme Court · 1893
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