State ex rel. Buckey v. Culler
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. Debt, brought October 13th, 1856, by the appellant against the appellee, on a bond dated April 26th, 1847, in the penalty of $2000, conditioned for the faithful performance by George H. Buckey, of his duties as trustee, under a decree of a court of equity, in which the defendant and one Jacob M. Buckey, were co-obligors and sureties for said trustee:—Breach, that in 1855, the trustee was removed for violation of his trust,…
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Appeal from the Circuit Court for Frederick County. Debt, brought October 13th, 1856, by the appellant against the appellee, on a bond dated April 26th, 1847, in the penalty of $2000, conditioned for the faithful performance by George H. Buckey, of his duties as trustee, under a decree of a court of equity, in which the defendant and one Jacob M. Buckey, were co-obligors and sureties for said trustee:—Breach, that in 1855, the trustee was removed for violation of his trust, and the plaintiff appointed in his place, and it was then ascertained the trustee had $811.97, of the trust fund in his…
1Opinion of the Court
•Bartol, J.,
delivered the opinion of this court.
The judgment below in this case was rendered in favor of the defendant, upon ‘his demurrer to the plaintiff’s replication, and the question presented by the appeal, is the sufficiency of the replication; but before considering that question, it is necessary to pass upon the sufficiency of the plea. The effect of a demurrer being, to bring before the court all the pleadings, and to mount up to the first error, it is competent for the appellant to argue as he has done in this court, that the plea was defective and insufficient, and if sustained in…
2Cases cited1 opinion
- Berry v. McLeanCourt of Appeals of Maryland · 1857
3Cited by6 opinions
- Weaver v. LeimanCourt of Appeals of Maryland · 1880
- In re the Insolvent Estate of LeimanCourt of Appeals of Maryland · 1870
- Walter v. County CommissionersCourt of Appeals of Maryland · 1872
- George Long Contracting Co. v. AlbertCourt of Appeals of Maryland · 1911
- Becker v. WhitehillCourt of Appeals of Maryland · 1881
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