Legal Opinion

Schultze v. State

Court of Appeals of Maryland

Decided November 24, 1875PublishedCited by 12 opinions

Appeal from the Superior Court of Baltimore City. A fieri facias against the appellant was issued out of the Circuit Court for Baltimore County, directed to the sheriff of Baltimore City, and returnable to the Superior Court of Baltimore City.

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Appeal from the Superior Court of Baltimore City. A fieri facias against the appellant was issued out of the Circuit Court for Baltimore County, directed to the sheriff of Baltimore City, and returnable to the Superior Court of Baltimore City. The recitals in the writ were as follows : “Whereas, at a Circuit Court for Baltimore County, begun and held at the court house for said county, on the second Monday of September, in the year 1874, a certain Rebecca Schultze, did enter into recognizance, and acknowledged herself to owe, and stand justly indebted to the State of Maryland, in the sum of…

1Opinion of the CourtAlvey, J.

The reasons assigned in the Court below for quashing tifos fieri facias are, 1st, that the writ issued improvidently and without due warrant of law ; 2ndly, that the recognizance alleged to be forfeited by the judgment of the Circuit Court for Baltimore County is in fact null and void ; and 3rdly, that the fieri facias ought to be quashed for sundry other errors and irregularities apparent upon the face of the proceedings.

Without stopping to inquire whether the grounds thus assigned in support of the motion to quash be sufficiently specific to raise the questions presented in the brief of the…

2Cases cited3 opinions

  1. Moore v. GarrettsonCourt of Appeals of Maryland · 1854
  2. Clark v. DiggesCourt of Appeals of Maryland · 1847
  3. Boyle v. RobinsonCourt of Appeals of Maryland · 1826

3Cited by12 opinions

  1. O'Brien v. StateCourt of Appeals of Maryland · 1915
  2. Town of Hayward v. PimentalCalifornia Supreme Court · 1895
  3. Isgrig v. United StatesCourt of Appeals for the Fourth Circuit · 1940
  4. Jacobs v. JacobsCourt of Appeals of Maryland · 1936
  5. Griffee v. J. & H. Mann & Co.Court of Appeals of Maryland · 1884

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