Burgess v. Lloyd
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles County. Debt by the appellees against the appellant, upon an injunction bond executed by Speake and Pye, principal obligors, and Burgess and Jones, as sureties, to Janney and Brown, in the penalty of $6000, dated the 18th of August 1819, and containing the following recital and condition.
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Appeal from the Circuit Court for Charles County. Debt by the appellees against the appellant, upon an injunction bond executed by Speake and Pye, principal obligors, and Burgess and Jones, as sureties, to Janney and Brown, in the penalty of $6000, dated the 18th of August 1819, and containing the following recital and condition. “Whereas the above bound Speake and Pye have obtained an injunction to stay proceedings at law, on a judgment recovered against them in Charles county court, by the above named Janney and Brown, for the sum of $2911.95, current money, and costs : Now the condition of…
1Opinion of the CourtTuck, J.
This cause comes before the court on the following slate of the pleadings, which have been amended since the former appeal, reported in 4 Gill, 187. The declaration is in the usual form, not assigning breaches. The defendant pleaded, first, general performance by Speake and Pye, to which the plaintiff replied, assigning three breaches, as follows : 1st. Thai. Speake and Pye did not prosecute the injunction with effect; 2nd, That they did not pay the judgment and costs, mentioned in the recital of the bond; 3rd, That they did not pay all costs, damages and charges, occasioned by the delay of…
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