State v. Jones
Court of Appeals of Maryland
Appeal from St. Mary's county court. This was an action of Debt, commenced on the 25th June 1839, by the appellants. The plaintiffs declared on the bond of Mary E. Ford, and the appellees sealed on the 14th June 1836, with condition the that said M. E. F. should perform the duties of administratrix of Ignatius Ford, deceased.
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Appeal from St. Mary's county court. This was an action of Debt, commenced on the 25th June 1839, by the appellants. The plaintiffs declared on the bond of Mary E. Ford, and the appellees sealed on the 14th June 1836, with condition the that said M. E. F. should perform the duties of administratrix of Ignatius Ford, deceased. The defendants pleaded general performance by M. E. F. To which the plaintiffs replied— 1st. That before the making and execution of the writing obligatory aforesaid, to wit, on, &c., at, &c., at a county court begun, &c., on the first Monday of August in the year 1824,…
1Opinion of the CourtChambers, J.
The first exception involves the validity of the certificate, or as it is termed in the record, the award signed and returned by James Forrest.
This cannot be considered as a reference under the provisions of the act of 1778, ch. 21. The various provisions of that act, all contemplate a case still pending in court and *60awaiting the return of the award before a judgment is to be rendered ; whereas in this case, a judgment has been entered, which according to the case of Turner vs. Plowden, 5 G. & J. 52, is a final judgment, without the further action of the court. It would seem not to be…
2Cases cited3 opinions
- Shriver v. State ex rel. DevilbissCourt of Appeals of Maryland · 1837
- Caton v. MacTavishCourt of Appeals of Maryland · 1838
- Turner v. PlowdenCourt of Appeals of Maryland · 1832