Legal Opinion

Bowie v. Jones ex rel. Linthicum

Court of Appeals of Maryland

Decided December 15, 1843PublishedCited by 7 opinions

Appeal from Prince George’s County Cóurt. This was a Scire Facitis, sued out on' the 28th August 1836. to revive a judgment of Prince George’s county court, rendered at October term 1826, in favor of Richard Jones against the appellant; The defendant appeared, and it was “agreed that the plea of the defendant’s discharge under the insolvent laws of this State may be put in short, and be taken and received as if it had been written out at length and filed, the fact of said…

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Appeal from Prince George’s County Cóurt. This was a Scire Facitis, sued out on' the 28th August 1836. to revive a judgment of Prince George’s county court, rendered at October term 1826, in favor of Richard Jones against the appellant; The defendant appeared, and it was “agreed that the plea of the defendant’s discharge under the insolvent laws of this State may be put in short, and be taken and received as if it had been written out at length and filed, the fact of said discharge and the legality and regularity of its obtention being however not admitted by the plaintiff, but to be subject…

1Opinion of the Court

Archer, J.,

delivered the opinion of this court.. The court below decided that it was competent for the plaintiff to object to irregularities in the defendant’s discharge under the insolvent laws, and they instructed the jury, that if they find that the defendant obtained his personal discharge, that the trustee was appointed and gave bond, and the insolvent executed his deed to the trustee before the petition was filed, that then the said final discharge was irregular and void, and was no bar to the plaintiff’s right in the present action.

It'is said by this court in 2 Gill & John. 50, that…

2Cases cited2 opinions

  1. Warfield v. GambrillCourt of Appeals of Maryland · 1829
  2. Winingder v. Diffenderffer's LesseeCourt of Appeals of Maryland · 1821

3Cited by7 opinions

  1. Owners' Realty Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1910
  2. Tabler v. CastleCourt of Appeals of Maryland · 1864
  3. Trail ex rel. Kemp & Buckey v. SnoufferCourt of Appeals of Maryland · 1854
  4. Purviance v. GlennCourt of Appeals of Maryland · 1855
  5. D'Arcy v. Locust Point Co.Court of Appeals of Maryland · 1889

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