Kirkland v. Krebs
Court of Appeals of Maryland
Appeae from tlie Superior Court of Baltimore City. On the 24th of February, 1868, a scire facias was issued to revive a judgment which the appellants had recovered on the 29th of June, 1855, against the appellee. The defendant pleaded the Statute of Limitations.
Read the full summary
Appeae from tlie Superior Court of Baltimore City. On the 24th of February, 1868, a scire facias was issued to revive a judgment which the appellants had recovered on the 29th of June, 1855, against the appellee. The defendant pleaded the Statute of Limitations. The plaintiffs replied that by virtue of the Acts of 1861, ch. 17, and 1862, ch. 249, known as the stay laws, they were precluded from having an execution on their judgment, from the 10th of May, 1861, to the 1st of November, 1862; and that from the date of the judgment to the issuing of the writ of scire facias, a period of twelve…
1Opinion of the CourtRobinson, J.
A scire facias was issued on the 24th February, 1868, to revive a judgment recovered by the plaintiffs on the 29th June, 1855, to which the defendant pleaded the Statute of Limitations, and the question is whether the statute was suspended as against this judgment during the stay of execution and sale, prescribed by the Acts of 1861, ch. 17, and 1862, ch. 249, known as the stay laws.
That the Legislature did not intend to interfere with the statutory limitations in regard to judgments we think quite clear, for' although the above Acts of Assembly expressly declare that the stay thereby…
2Cases cited1 opinion
- Tarver v. CowartSupreme Court of Georgia · 1848
3Cited by7 opinions
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Browne v. ChavezSupreme Court of the United States · 1901
- Lambson v. MoffettCourt of Appeals of Maryland · 1884
- O'Neill & Co. v. SchulzeCourt of Appeals of Maryland · 1939
- Simms v. LloydCourt of Appeals of Maryland · 1882
2 more not listed; retrieve them via the Exa API.