Byrd v. State ex rel. Stewart
Court of Appeals of Maryland
Appeal from the Circuit Court for Somerset County. John W. Dougherty was appointed guardian of John D. Walter by the Orphans’ Court of Somerset County, and gave bond as such guardian, dated ’November 3rd, 1857, with John W. Crisfield and William J. Byrd as his sureties. His guardianship was afterwards revoked, and his surety John W. Crisfield was appointed in his place. Crisfield was also subsequently removed and William Stewart was appointed to succeed him.
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Appeal from the Circuit Court for Somerset County. John W. Dougherty was appointed guardian of John D. Walter by the Orphans’ Court of Somerset County, and gave bond as such guardian, dated ’November 3rd, 1857, with John W. Crisfield and William J. Byrd as his sureties. His guardianship was afterwards revoked, and his surety John W. Crisfield was appointed in his place. Crisfield was also subsequently removed and William Stewart was appointed to succeed him. The present action was brought 2nd of April, 1872, by Stewart as such guardian, in the name of the State, against S. Adeline Byrd and…
1Opinion of the CourtAlvey, J.
This is an action on a guardian’s bond, and, among various other pleas, the Statute of Limitations was pleaded in nine different forms; to all of which pleas of the Statute, except the second and third, the plaintiff demurred.
Before the adoption of the Code, the proper mode of pleading the bar of the Statute of Limitations to an action on a guardian’s bond, was to allege that twelve years had elapsed from the passing of the bond in the declaration mentioned, before the issuing of the writ original in the cause. Act of 1729, ch. 24, sec. 21 ; 1798, ch. 101, sub-ch. 12, see. 4: State, use of…
2Cases cited3 opinions
- Flickinger v. HullCourt of Appeals of Maryland · 1847
- Thruston v. BlackistonCourt of Appeals of Maryland · 1872
- State ex rel. Johnson v. GreenCourt of Appeals of Maryland · 1832
3Cited by5 opinions
- Newberry v. WilkinsonCourt of Appeals for the Ninth Circuit · 1912
- State ex rel. Henderson v. HendersonCourt of Appeals of Maryland · 1880
- Pfeiffer v. KnappSupreme Court of Florida · 1879
- Kirby v. State ex rel. PascaultCourt of Appeals of Maryland · 1879
- Brumbaugh v. State ex rel. SchleighCourt of Appeals of Maryland · 1880