Legal Opinion

Washington v. Williamson

Court of Appeals of Maryland

Decided June 22, 1865PublishedCited by 9 opinions

Appeal from the Court of Common Pleas of Baltimore city. This is an appeal from an order of the Court of Common Picas for Baltimore city, directing the Sheriff of that city to pay to Mary Wilkes, her attorney or agent, the sum of §150, out of the proceeds'of two executions in his hands, at the suits of Vanderpoel and Smith, and Temple M. Washington, against Angus Williamson.

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Appeal from the Court of Common Pleas of Baltimore city. This is an appeal from an order of the Court of Common Picas for Baltimore city, directing the Sheriff of that city to pay to Mary Wilkes, her attorney or agent, the sum of §150, out of the proceeds'of two executions in his hands, at the suits of Vanderpoel and Smith, and Temple M. Washington, against Angus Williamson. These writs of execution went into the Sheriff’s hands, respectively, on the 6th and 18th days of June 1860, and were levied, the former on the 8th, the latter on the 18th days of that month, on certain articles of…

1Opinion of the Court

Weisel, J.,

after stating the facts of the case, (ante pp. 245 and 246,) delivered the opinion of the Court, as follows :

The points in the appellant’s brief constituted his causes below against the passage of the order appealed from.. In this case the goods levied on were not removed from, but sold upon the premises, and the remedy by motion for the Sheriff to pay the rent due out of the moneys in his hands, was an appropriate one, and fully sanctioned by all the authorities. It was not necessary that he should have removed the goods from the premises, to entitle the landlord to his rent upon…

2Cases cited1 opinion

  1. Trappan v. MorieNew York Supreme Court · 1820

3Cited by9 opinions

  1. Thomson v. Baltimore & Susquehanna Steam Co.Court of Appeals of Maryland · 1870
  2. Calvert Building & Construction Co. v. WinakurCourt of Appeals of Maryland · 1928
  3. In re ChaudronDistrict Court, D. Maryland · 1910
  4. First Nat'l Bk. v. Corp. Comm.Court of Appeals of Maryland · 1932
  5. First National Bank v. Corporation Commission of North CarolinaCourt of Appeals of Maryland · 1932

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