Stansbury v. Keady
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. On the 29th of May, 1861, the appellee brought suit against the appellants and one Michael Walsh, upon a replevin bond, laying his damages at $500. The penalty in the bond was $300. The writ was returnable to the September term, 1861, and was returned, summoned, as to the appellants; non est, as to Walsh.
Read the full summary
Appeal from the Court of Common Pleas. On the 29th of May, 1861, the appellee brought suit against the appellants and one Michael Walsh, upon a replevin bond, laying his damages at $500. The penalty in the bond was $300. The writ was returnable to the September term, 1861, and was returned, summoned, as to the appellants; non est, as to Walsh. At the January term, 1862, judgment by default was entered against the appellants, and on the 16th of June, 1864, an inquisition was taken and the plaintiff’s damages assessed at $367.50 and costs. On the same day final judgment was entered up for the…
1Opinion of the CourtBrent, J.
This appeal is taken from an order of the Court of Common Pleas of Baltimore City, overruling a motion made by the defendants, the present appellants, to strike out the judgment upon an inquisition, and to set the inquisition aside.
The reasons assigned in support of the motion are six in number, and are as follows: 1st. Surprise. 2nd. Because the inquisition should have been had and filed at the term during which the judgment by default was entered, or at the next term succeeding such entry. 3rd. Because the judgment on the inquisition was pronounced on the same day on which the inquisition…
2Cases cited2 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Mailhouse v. InloesCourt of Appeals of Maryland · 1862
3Cited by8 opinions
- Millison v. Ades of Lexington, Inc.Court of Appeals of Maryland · 1971
- Gotham Hotels, Ltd. v. Owl Club, Inc.Court of Special Appeals of Maryland · 1975
- Capobianco v. GordonCourt of Special Appeals of Maryland · 1974
- J. C. Penney Co. v. HarkerCourt of Special Appeals of Maryland · 1974
- Marine Midland Trust Co. v. State National BankCourt of Appeals of Maryland · 1973
3 more not listed; retrieve them via the Exa API.