Smith v. Bowes
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill in this case filed on the 15th of February, 1871, by the appellant against the appellees, charged that a certain George Isaacs and Morris Kahn,-on the 7th of January, 1869, recovered, in the Superior Court of Baltimore City, a judgment for the sum of $986.80, which was assigned by the plaintiffs therein to the complainant on the 8th of February, 1869 ; that said judgment was superseded for six months on the 15th of…
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Appeal from the Circuit Court of Baltimore City. The bill in this case filed on the 15th of February, 1871, by the appellant against the appellees, charged that a certain George Isaacs and Morris Kahn,-on the 7th of January, 1869, recovered, in the Superior Court of Baltimore City, a judgment for the sum of $986.80, which was assigned by the plaintiffs therein to the complainant on the 8th of February, 1869 ; that said judgment was superseded for six months on the 15th of January, 1869, by the appellees, and that the clerk of said Superior Court in filling up the supersedeas, by mistake wrote…
1Opinion of the CourtAlvey, J.
This is an application by bill in equity, to have corrected certain defects in a supersedeas judgment, which this Court has heretofore held to be void by reason of such defects. Bowes vs. Isaacs, 33 Md., 535. The facts, by which the defects are made to appear, are fully stated in the report of the case on the former appeal, taken from the order of the Superior Court, refusing to strike out the supersedeas.
We have said that the clerk iu taking the supersedeas, and approving the sufficiency of the sureties therein, did not so act as the clerk of the Court in which the original judgment was…
2Cases cited4 opinions
- Floyd v. LipkaSupreme Court of Delaware · 1959
- McBryde's Heirs v. WilkinsonSupreme Court of Alabama · 1857
- Bowes v. Isaacs ex rel. SmithCourt of Appeals of Maryland · 1871
- Dilley v. ShipleyCourt of Appeals of Maryland · 1846
3Cited by3 opinions
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Lubin v. KleinCourt of Appeals of Maryland · 1963
- Backus v. StateCourt of Appeals of Maryland · 1912