Campbell v. Booth
Court of Appeals of Maryland
Appeal from the Superior Court for Baltimore city. This is an appeal from a judgment quashing a writ of scire facias upon motion.
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Appeal from the Superior Court for Baltimore city. This is an appeal from a judgment quashing a writ of scire facias upon motion. The facts are briefly as follows: On the 19th of September 1843, an action was docketed by consent in Baltimore county court, by the appellant as plaintiff, against the appellee and John B. and Richard B. Fitzgerald, partners, trading under the firm of John B. Fitzgerald & Co., as defendants, upon their joint and several promissory notes in favor of J. J. Speed, trustee of Emily L. Harper, and on the same day judgment was confessed in favor of the plaintiff for…
1Opinion of the Court
Eccleston, J.,
delivered tlie opinion of this court.
In the court below the defendant made a motion to quash the writ:
*113First, because it appears that a fieri facias had been issued which was levied upon certain real estate, and had not been countermanded nor in any way disposed of, but continued in full force and operation when the writ of scire facias issued.
Secondly, because the judgment on which the present writ issued was satisfied before tbe issuing of the writ.
The court sustained the motion by ordering tbe sci. fa. to be quashed; from which decision tbe plaintiff appealed. And he now says,…
2Cases cited2 opinions
- Yates v. DonaldsonCourt of Appeals of Maryland · 1853
- Sasscer v. Walker's Ex'rsCourt of Appeals of Maryland · 1833
3Cited by9 opinions
- Trieschman v. EatonCourt of Appeals of Maryland · 1961
- Maddux v. BevanCourt of Appeals of Maryland · 1874
- Washington Booth v. CampbellCourt of Appeals of Maryland · 1860
- Eastover Co. v. All Metal Fabricators, Inc.Court of Appeals of Maryland · 1960
- Snowden v. ReidCourt of Appeals of Maryland · 1887
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