Legal Opinion

Jenkins v. Hay

Court of Appeals of Maryland

Decided April 21, 1868PublishedCited by 8 opinions

Appeal from the Superior Court of Baltimore City. At the trial below the defendants took the following exceptions : First Exception: The plaintiffs offered to read to the. jury in support of the issue joined on their part the appeal bond, (the execution whereof was admitted,) with proof that the same was on the 10th day of September, 1863, filed in the Circuit Court for Baltimore county, sitting as a Court of Equity, in a cause wherein Allen Hay and Thos.

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Appeal from the Superior Court of Baltimore City. At the trial below the defendants took the following exceptions : First Exception: The plaintiffs offered to read to the. jury in support of the issue joined on their part the appeal bond, (the execution whereof was admitted,) with proof that the same was on the 10th day of September, 1863, filed in the Circuit Court for Baltimore county, sitting as a Court of Equity, in a cause wherein Allen Hay and Thos. Hay were complainants, and John Jenkins, Tabitha Jenkins, Frederick Dawson and Mathias Linthicum, were defendants, in which cause a decree…

1Opinion of the CourtMiller, J.

This appeal presents for review the action of the Court below admitting in evidence the bond sued on, granting the appellees’ second prayer, and rejecting ten of the prayers offered by the appellants. The suit was instituted on the 4th of February, 1865, upon an appeal bond given to the plaintiffs, Allen Hay & Co., by the defendants, Jenkins and He'wes, to stay the operation of a decree for the sale of certain mortgaged real estate, passed on the 10th of June, 1863, in an equity cause in the Circuit Court for Baltimore county, in which the plaintiffs were complainants, and Jenkins and others…

2Cases cited3 opinions

  1. United States v. Le BaronSupreme Court of the United States · 1856
  2. Wallis v. DilleyCourt of Appeals of Maryland · 1854
  3. Wood's Ex'r. v. Fulton & StarckCourt of Appeals of Maryland · 1827

3Cited by8 opinions

  1. Sailors' Union of the Pacific v. Hammond Lumber Co.Court of Appeals for the Ninth Circuit · 1907
  2. Drake v. WebbSupreme Court of Alabama · 1879
  3. Le Strange v. State ex rel. RocheCourt of Appeals of Maryland · 1882
  4. Staley v. HowardMissouri Court of Appeals · 1879
  5. Commonwealth Ex Rel. Brown v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1923

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