Joynes v. Wartman
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. Replevin by the appellants against the appellee for a negro girl. The defendant’s avowry is stated in the opinion of this court. Issues were joined upon the pleas of: — 1st, non tenuerunt; 2nd, no rent in arrear; 3rd, eviction; and 4th, insolvency. The last plea was abandoned in argument. . Exception. The testimony is sufficiently stated in the opinion of this court.
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Appeal from the Court of Common Pleas for Baltimore city. Replevin by the appellants against the appellee for a negro girl. The defendant’s avowry is stated in the opinion of this court. Issues were joined upon the pleas of: — 1st, non tenuerunt; 2nd, no rent in arrear; 3rd, eviction; and 4th, insolvency. The last plea was abandoned in argument. . Exception. The testimony is sufficiently stated in the opinion of this court. The plaintiffs then offered fourteen prayers, of which only those having reference to [the validity of the proceedings under the act of 1834, ch. 192, need be stated, and…
1Opinion of the CourtLe Grand, C. J.
This is an action of replevin. In the court below the appellee avowed the taking of the property replevied by the appellants, as a distress for three months’ rent, due on the 9th of February 1851, under an alleged demise to them and *197Pomeroy & Co., of “The Sulphur Springs and furniture,” in Baltimore county, for $600, in quarterly payments, the rent to commence the 9th of May 1850, &c.; and averred, that within thirty days after the said rent had become due, the plaintiffs had fraudulently and clandestinely removed the same with intent, &c., and the defendant had pursued and taken it as a…
2Cases cited1 opinion
- Jenkins v. PellNew York Supreme Court · 1838
3Cited by2 opinions
- Giles v. EbsworthCourt of Appeals of Maryland · 1856
- Waring v. SlingluffCourt of Appeals of Maryland · 1885