Kiersted v. State
Court of Appeals of Maryland
Kiersted vs. The State, use of Costello. Appeal from Baltimore County Court. The first of these appeals was an action of debt on a bond executed by J\T. Kimball, an applicant for the benefit of the insolvent laws, with the appellant (the defendant below) as his surety, brought at the instance and for the use of Costello, claiming to be a creditor of the insolvent The defendant pleaded general performance by Kimball, to which the plaintiff replied, that Kimball was Indebted…
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Kiersted vs. The State, use of Costello. Appeal from Baltimore County Court. The first of these appeals was an action of debt on a bond executed by J\T. Kimball, an applicant for the benefit of the insolvent laws, with the appellant (the defendant below) as his surety, brought at the instance and for the use of Costello, claiming to be a creditor of the insolvent The defendant pleaded general performance by Kimball, to which the plaintiff replied, that Kimball was Indebted to Costello in the sum of §31 64, and that Kimball did not make his personal appearance before tho judges of Baltimore…
1Opinion of the CourtEarle, J.
We propose to give a condensed view of these cases, and to decide them together. For although their pleadings are a little variant from each other, they have all originated in the same *247kind of cause of action, and the principal questions presented by them on the argument arc the same.
They are suits upon obligations given by insolvents to the State, conditioned to appear at certain times and places, to answer the interrogatories and allegations of their creditors, to be filed against them, which in each court were decided adversely to the obligors.
The first and chief question, arising out of…
2Cited by9 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- McCall v. Hinkley & WoodwardCourt of Appeals of Maryland · 1846
- State ex rel. Mayor of Baltimore v. NorwoodCourt of Appeals of Maryland · 1858
- State ex rel. Gaver v. GaverCourt of Appeals of Maryland · 1911
- National Surety Co. v. State Ex Rel. MorganCourt of Appeals of Maryland · 1927
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