State ex rel. D. W. Moore & Co. v. Mayugh
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. Debt, brought on the 30th of June 1856, in the name of the State, for the use of the appellants, as creditors of Albert Metz, an insolvent debtor, against the appellees, administrators of Samuel Etnyre, deceased, upon the bond of the said Samuel, as trustee in insolvency, for the benefit of the creditors of said Metz, dated the 24th of July 1854. The plaintiffs declared upon the bond generally, without assigning breaches.
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Appeal from the Circuit Court for Washington County. Debt, brought on the 30th of June 1856, in the name of the State, for the use of the appellants, as creditors of Albert Metz, an insolvent debtor, against the appellees, administrators of Samuel Etnyre, deceased, upon the bond of the said Samuel, as trustee in insolvency, for the benefit of the creditors of said Metz, dated the 24th of July 1854. The plaintiffs declared upon the bond generally, without assigning breaches. The defendants pleaded general performance without craving oyer, and also a special plea, in which oyer was craved,…
1Opinion of the CourtLe Grand, C. J.
This is an action of debt brought by the plaintiff against the administrators of Samuel Etnyre, on his bond, as trustee of Albert Metz, an applicant for the benefit of the insolvent Jaws. Metz .made bis application on the 24th day of July 1854, and *377on the same day, Etnyre was appointed his trustee, and executed his bond as such. He died on the 24th day of October 1855, and this suit was brought on the 30t.h day of June 1856.
The plaintiff declared generally, and the defendants pleaded special and general performance. To the special plea, the plaintiff demurred, and to the plea of general…
2Cases cited3 opinions
- Scott v. StateCourt of Appeals of Maryland · 1852
- The United States v. John Arthur and Robert PattersonSupreme Court of the United States · 1809
- State ex rel. Williams v. WilliamsCourt of Appeals of Maryland · 1852
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- State Ex Rel. Kelley v. WilsonCourt of Appeals of Maryland · 1908
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