Shriver v. State ex rel. Devilbiss
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of debt commenced on the 19th February, 1831, on the testamentary bond of Andrew Shriver, to perform the office of executor of the last will and testament of John Shultz, late of Baltimore county, deceased.
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Appeal from Frederick county court. This was an action of debt commenced on the 19th February, 1831, on the testamentary bond of Andrew Shriver, to perform the office of executor of the last will and testament of John Shultz, late of Baltimore county, deceased. After an assignment of a breach, the parties agreed that the cases now depending between them, and all matters in dispute or unsettled between them, should be referred to Gideon Bantz! and Samuel Carmack, with power to choose a third person in case of disagreement, to act in conjunction with them for their final decision of the same.…
1Opinion of the CourtChambers, Judge
We think the appellant has not successfully maintained the proposition, that this case is not within the act of 1778, ch. 21.
Submissions to award, both by rule of court, where an action was depending, and by agreement without suit, are familiar to the law since its earliest history.
After the process of attachment became the usual means of enforcing the execution of the award, ■when made under a rule of court, its advantages could not fail to be perceived, over the tedious and less certain mode of suing upon the award, or the contract of reference.
But this advantage did not consist in any…
2Cited by7 opinions
- Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
- Frederick Contractors, Inc. v. Bel Pre Medical Center, Inc.Court of Appeals of Maryland · 1975
- Wisher v. WilhelmCourt of Appeals of Maryland · 1877
- Strong v. District of ColumbiaDistrict of Columbia Court of Appeals · 1881
- Brendsel v. WINCHESTER CONSTRUCTION CO., INC.Court of Appeals of Maryland · 2006
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