Duvall v. Fearson
Court of Appeals of Maryland
Appeal from the Circuit court for Harford County. Debt, brought April 14th, 1856, by the appellee against the appellant, on a judgment of the Circuit court of the District of Columbia, recovered April 6th, 1847, by the plaintiff against the defendant and another. Pleas 1st, nul tiel record; 2nd, payment j 3rd, nil debet; 4th, actio non apcrevit infra tres annos.
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Appeal from the Circuit court for Harford County. Debt, brought April 14th, 1856, by the appellee against the appellant, on a judgment of the Circuit court of the District of Columbia, recovered April 6th, 1847, by the plaintiff against the defendant and another. Pleas 1st, nul tiel record; 2nd, payment j 3rd, nil debet; 4th, actio non apcrevit infra tres annos. Demurrer to the third and fourth pleas sustained by the court (Price, J.) and appeal by the defendant from the judgment thereon, in favor of the plaintiff. The defendant confessed judgment on the first and second pleas, reserving his…
1Opinion of the CourtGoldsborough, J.
The appeal in this case was taken from a judgment of the Circuit court for Harford county, rendered in favor of the appellee, upon his demurrer to the third and fourth pleas of the appellant, pleaded to an action of debt, on a judgment rendered in favor of the appellee, in the Circuit court of the District of Columbia. The pleas to which the appellee demurred, were nil debet and the statute of limitations, that the action did not accrue within three years before the issuing of the original writ in this cause.
The judgment of the court below is correct, and must be affirmed'. As to the plea of…
2Cases cited3 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Hughes v. DavisCourt of Appeals of Maryland · 1855
3Cited by3 opinions
- Madden v. CosdenCourt of Appeals of Maryland · 1974
- Rullman v. RullmanCourt of Appeals of Maryland · 1925
- Wiggins' Ferry Co. v. Chicago & A. R.District Court, E.D. Missouri · 1882