McAllister v. Eichengreen
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The appellees sued out an attachment against Moses Col-man and-Colman, and it was levied upon their goods; they thereupon, for the purpose of dissolving the attachment, gave a bond, the condition of which was to satisfy any judgment that might bo recovered against them. The attachment case was then proceeded with and a judgment in favor of the plaintiffs was obtained.
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Appeal from the Court of Common Pleas. The appellees sued out an attachment against Moses Col-man and-Colman, and it was levied upon their goods; they thereupon, for the purpose of dissolving the attachment, gave a bond, the condition of which was to satisfy any judgment that might bo recovered against them. The attachment case was then proceeded with and a judgment in favor of the plaintiffs was obtained. Suit was then instituted by them on the bond, under the provisions of the Act of 1864, ch. 6; they filed with their declaration a copy of the bond, certified under the seal of the Court,…
1Opinion of the CourtBrent, J.
The principal question presented in this case is, whether the cause of action relied'upon in the declaration, is such a one as authorized the appellees to proceed under the provisions of the Act of 1864, ch. 6. The construction of that Act in this particular has been presented in several cases that have *56been recently before this Court, — and it may now be considered as well settled, that suits for the recovery of damages that are liquidated, or for such ascertained amounts as “ the plaintiff can properly and safely swear the defendant owes him,” are within its terms. It does not include…
2Cases cited3 opinions
- Smithson v. United States Telegraph Co.Court of Appeals of Maryland · 1868
- State ex rel. Bouldin v. SteibelCourt of Appeals of Maryland · 1869
- Jones v. FreemanCourt of Appeals of Maryland · 1868
3Cited by8 opinions
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Williams v. JonesCourt of Appeals of Maryland · 1873
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Dirickson v. ShowellCourt of Appeals of Maryland · 1894
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