Legal Opinion

Duvall v. Peach

Court of Appeals of Maryland

Decided December 15, 1843PublishedCited by 9 opinions

Appeal from Prince George's County Court. This was an action of Assumpsit, brought on the 24th March 1840, by the appellant against the appellee.

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Appeal from Prince George's County Court. This was an action of Assumpsit, brought on the 24th March 1840, by the appellant against the appellee. The plaintiff declared, that whereas, the said Samuel, on the 4th December 1826, at, &c., issued a certain writ of venditioni exponas, upon a judgment obtained by him, the said Samuel, at, &c., against a certain Nathan Waters, for the recovery of a large sum of money, to wit, &c., and placed the same in the hands of George Semmes, esquire, the then sheriff of said county, directing him thereby to expose to public sale, for the purpose of satisfying…

1Opinion of the Court

Spence, J.,

delivered the opinion of this-court..

After a careful examination of the several legal propositions decided by the county court and brought up to- this court for revision, we are prepared to say, that in them wefind no-error..

*181The first and second propositions under the first bill of exceptions appear to us so manifestly clear, that we find great difficulty in suggesting argumenis or reasons which will render their correctness more conclusive.

The third proposition arising under the first bill of exceptions, raises the question, whether the agreement set out in the declaration and…

2Cases cited1 opinion

  1. Lamborn v. WatsonCourt of Appeals of Maryland · 1824

3Cited by9 opinions

  1. Hamilton v. ThirstonCourt of Appeals of Maryland · 1901
  2. Ellicott v. NicholsCourt of Appeals of Maryland · 1848
  3. Lamm v. Port Deposit Homestead Ass'nCourt of Appeals of Maryland · 1878
  4. Stockett v. SasscerCourt of Appeals of Maryland · 1855
  5. Baker v. WainwrightCourt of Appeals of Maryland · 1872

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