Am. Surety Co. of N.Y. v. Spice

This is an appeal from an order of the Baltimore City Court, passed April 20th, 1912, striking out a judgment of fiat rendered March 12th, 1901, in favor of the appellant against the appellee. The record in the present ease embraces all the proceedings from the institution of the original suit between the parties, down to the order here appealed from.

It appears that on August 10th, 1888, the appellant sued the appellee in assumpsit in the Baltimore Oity Court. The narr. contained the common counts for money payable, and a special count alleging that the defendant, the present appellee, was an…