Peacock v. Pembroke
Court of Appeals of Maryland
Appeal from the Circuit Court for St. Mary’s county. This was an attachment, issued on the 29th of October 1850, at the instance of the appellant, upon a judgment, of which he was the assignee, recovered in St. Mary’s county-court in March 1848, by the State against Russell, as principal, and the appellant, as sureties. The attachment was, on the 20th of November 1850, laid in the hands of Pembroke, who appeared and pleaded thereto: — 1st, nul tiel record.
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Appeal from the Circuit Court for St. Mary’s county. This was an attachment, issued on the 29th of October 1850, at the instance of the appellant, upon a judgment, of which he was the assignee, recovered in St. Mary’s county-court in March 1848, by the State against Russell, as principal, and the appellant, as sureties. The attachment was, on the 20th of November 1850, laid in the hands of Pembroke, who appeared and pleaded thereto: — 1st, nul tiel record. (Upon this plea the court gave judgment for the plaintiff.) And 2nd, nulla bona of Russell in his hands. Exception. At the trial of the…
1Opinion of the CourtMason, J.
Upon an attachment issued out of St. Mary’s county court against Russell, the defendant in the present action, and which was laid in the hands of Pembroke, as garnishee, the latter pleaded nul tiel record and nulla bona. Judgment was rendered in favor of the plaintiff upon the issue in the plea of nul tiel record, and upon the trial of the issue in the plea of nulla bona, it was disclosed in evidence that the garnishee admitted his indebtedness for a balance due on land which he had purchased from Russell and wife, but that the land which he had purchased was the land of Mrs. Russell previous…
2Cases cited4 opinions
- State ex rel. Rogers v. KrebsCourt of Appeals of Maryland · 1823
- Shuttlesworth v. NoyesMassachusetts Supreme Judicial Court · 1811
- Fourth Ecclesiastical Society in Middletown v. MatherSupreme Court of Connecticut · 1843
- Newcomer v. OremCourt of Appeals of Maryland · 1852
3Cited by7 opinions
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Plummer v. JarmanCourt of Appeals of Maryland · 1876
- Clark v. WoottonCourt of Appeals of Maryland · 1885
- Smith v. McAteeCourt of Appeals of Maryland · 1867
- Wagoner v. WagonerCourt of Appeals of Maryland · 1893
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