Mason v. Sumner
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Washington County: This is an action upon a replevin bond, brought by the appellant,, against one John R. Stickle, the principal, (who was returned “not found,”) and the appellee, as his surety.
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Appeal from tbe Circuit Court for Washington County: This is an action upon a replevin bond, brought by the appellant,, against one John R. Stickle, the principal, (who was returned “not found,”) and the appellee, as his surety. The nar. after setting out the bond and the proceedings in the action of replevin between the principal, Stickle, and the appellant, in which judgment of “retorno habendo” was awarded for the defendant, concludes with the usual breach, that the said Stickle did not prosecute the writ of replevin with effect, etc.; to which the appellee pleaded: 1st. General…
1Opinion of the Court
After stating the case, {ante pp. 313, 314,)
Bowie, 0. J.,
delivered the opinion of this Court as follows:
The first and second exceptions raise the question of how far the judgment in the action of replevin, concludes the obligors in the bond. The appellant contends, that wherever the title to property is in issue or might have been in issue in the original proceedings, that question becomes “res adjudicata,” and cannot afterwards in any subsequent proceedings be inquired into: he assimilates this to a case of sci. fa., where any defence which might have been pleaded to the original action…
2Cases cited1 opinion
- Walter v. WarfieldCourt of Appeals of Maryland · 1844
3Cited by4 opinions
- Rowan v. State Ex Rel. GroveCourt of Appeals of Maryland · 1937
- Seldner v. SmithCourt of Appeals of Maryland · 1874
- Fidelity & Deposit Co. v. SingerCourt of Appeals of Maryland · 1901
- Rogers v. RobertsCourt of Appeals of Maryland · 1882