Gaither v. Martin
Court of Appeals of Maryland
Appeal from Washington county court, 'This was an action of assumpsit brought by the appellee, the former sheriff of Washington county, on the 19th of November 1850, against the appellant, to recover the value of property sold by the plaintiff to the defendant under writs of fierifacias. The declaration contains the common counts. The plea was non assumpsit.
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Appeal from Washington county court, 'This was an action of assumpsit brought by the appellee, the former sheriff of Washington county, on the 19th of November 1850, against the appellant, to recover the value of property sold by the plaintiff to the defendant under writs of fierifacias. The declaration contains the common counts. The plea was non assumpsit. The cause was tried below on the 9th of April 1851, before Martin, C. J., Marshall and Wiesel, A. J., and in the course of the trial six exceptions were taken by the defendant, all of which are fully stated in the opinion of this court.…
1Opinion of the CourtEccleston, J.
Sundry writs of fieri facias against H. H. Gaither, the brother of the appellant, were placed in the hands of the appellee, as sheriff of "Washington county, all returnable to November term 1846. On the 20th of April 1847, under those writs, the sheriff sold certain personal property, as belonging to II. H. Gaither, to the appellant, amounting to the sum of $311. On account of which the purchaser made two' payments of $50 each, and another of $100. At sundry times he promised to pay the balance, but failing to do so, this suit was instituted to recover the same.
In the first bill of exceptions…
2Cases cited4 opinions
- Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
- Crawford v. BerryCourt of Appeals of Maryland · 1834
- Bennet Clement's Lessee v. RuckleCourt of Appeals of Maryland · 1850
- Byer v. EtnyreCourt of Appeals of Maryland · 1844
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- Feldman v. PanholzerUnited States Bankruptcy Court, D. Maryland · 1984
- Preissman v. CrockettCourt of Appeals of Maryland · 1949
- Homes v. CorbinMissouri Court of Appeals · 1886
- Johnson v. BemisNebraska Supreme Court · 1878
- Mayor of Baltimore v. PoultneyCourt of Appeals of Maryland · 1866
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