State v. Lawson
Court of Appeals of Maryland
Appeal from Charles County Court. This was an action of Debt, commenced on the 13th March 1828, by the appellee on the bond of the appellants, dated 29th December 1835, with condition that J. B. L., as sheriff of Charles county, should discharge the duties of that office.
Read the full summary
Appeal from Charles County Court. This was an action of Debt, commenced on the 13th March 1828, by the appellee on the bond of the appellants, dated 29th December 1835, with condition that J. B. L., as sheriff of Charles county, should discharge the duties of that office. The defendants pleaded general performance, and the plaintiff assigned as a breach: 1st. The recovery of a judgment by James R. Creecy against John Tucker, at August term 1835 of Charles county court; the issue of a ca. sa. thereon on the 26th September 1836, returnable on the 3rd Monday of March 1837: the arrest and custody…
1Opinion of the CourtSpence, J.
This was an action of debt on a sheriff’s bond, brought to recover damages for an escape of a party, arrested by the sheriff on a capias ad satisfaciendum.
The capias was returned to the March term of Charles county court, by Lawson, the sheriff, endorsed, “Cepi.” The sanction of the courts of Maryland, so long, of this abbreviated form of return, we deem conclusive of its correctness. Let us next consider the purport of such a return.
We understand this return to be a declaration by the sheriff on oath, that, “by virtue of this writ, he had taken the within named Tucker, whose body he had…
2Cited by2 opinions
- Standley v. ArnowSupreme Court of Florida · 1869
- Greene Tree Home Owners Ass'n v. Greene Tree AssociatesCourt of Appeals of Maryland · 2000