Heirs & Terre-Tenants of Miller v. State ex rel. Fiery
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. These two appeals argued and decided together were taken by the appellants, the first, from the refusal of the court below on motion to strike out a judgment against Samuel Miller, and the second, from the fiat upon a scire facias sued out by the appellee to revive the same judgment. Is-A Appeal.
Read the full summary
Appeal from the Circuit Court for Washington county. These two appeals argued and decided together were taken by the appellants, the first, from the refusal of the court below on motion to strike out a judgment against Samuel Miller, and the second, from the fiat upon a scire facias sued out by the appellee to revive the same judgment. Is-A Appeal. To the November term 1841, of Washington county court, two suits were brought in the name of the State, for the use of Henry Fiery and Lewis Fiery, respectively, against Samuel Miller. Both suits were on the same guardian’s bond as the cause of…
1Opinion of the Court
Le Grand, G. J.
My opinion is, the motion ought to have prevailed. When the case was originally tried, in Washington county court, the judgment was in favor of the defendant, Miller. There being no exceptions, that judgment was a conclusive bar to the claim of the plaintiff. In *226this state of case, application was made to the Legislature for its interference, and, in pursuance of the request, the act of Assembly was passed. It authorized the opening of the case, and the incorporation into its record of exceptions which had been taken in another case, and upon the validity of which the Court of…
2Cited by2 opinions
- Harper v. CunninghamCourt of Appeals for the D.C. Circuit · 1895
- State ex rel. Elder, Gelston & Co. v. ReaneyCourt of Appeals of Maryland · 1859