Griffith v. Etna Fire Insurance
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for the city of Baltimore. In this case the appellant, Griffith, upon an appeal from the judgment of a magistrate to the Court of Common Pleas, recovered in the latter court, at its January term 1852, a judgment against Benjamin Upton for the sum of $11.38|- debt, with interest from the 8lh of September 1851, and 75 cents magistrate’s costs, and $6.19| costs in the Court of Common Pleas.
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Appeal from the Court of Common Pleas for the city of Baltimore. In this case the appellant, Griffith, upon an appeal from the judgment of a magistrate to the Court of Common Pleas, recovered in the latter court, at its January term 1852, a judgment against Benjamin Upton for the sum of $11.38|- debt, with interest from the 8lh of September 1851, and 75 cents magistrate’s costs, and $6.19| costs in the Court of Common Pleas. On the 6th of July 1852, he sued out of said court a writ of attachment on this judgment, which, on the same day, was laid in the hands of the Etna Fire Insurance…
1Opinion of the CourtMason, J.
The reason assigned by the counsel why this judgment should be arrested, namely, that the court had not original jurisdiction therein, does not, we suppose, properly indicate the grounds upon which, in fact, the judgment was arrested. That the Court of Common Pleas had original jurisdiction to render the judgment, upon an appeal from the magistrate’s proceeding, there can be no doubt; but the objection doubtless was, that the court had not. power to order an attachment by way of execution upon its own judgment, because it was supposed that the attachment was a new or original proceeding, and…
2Cases cited1 opinion
- Baldwin ex rel. Owens v. WrightCourt of Appeals of Maryland · 1845
3Cited by6 opinions
- First National Bank v. JaggersCourt of Appeals of Maryland · 1869
- Rentals Unlimited, Inc. v. AdministratorCourt of Appeals of Maryland · 1979
- Northwestern National Insurance v. William G. Wetherall, Inc.Court of Appeals of Maryland · 1974
- Sharpless Separator Co. v. BrilhartCourt of Appeals of Maryland · 1916
- Guerreni v. SainsburyCourt of Appeals of Maryland · 1921
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