Sherwood v. Mohler
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This appeal is from the refusal of the court below (Marshall) to strike out a judgment of condemnation against the appellant and to quash an execution thereon. An exception was taken to this action of the court below, and the facts of the case are fully stated in the opinion of this court.
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Appeal from the Court of Common Pleas. This appeal is from the refusal of the court below (Marshall) to strike out a judgment of condemnation against the appellant and to quash an execution thereon. An exception was taken to this action of the court below, and the facts of the case are fully stated in the opinion of this court. By one of the rules of the Court of Common Pleas, which is embodied in the exception, it is declared that, “No execution shall be issued on any judgment uniil the fourth May after the entry of said judgment without a special order of court,” and one of the reasons…
1Opinion of the CourtLe Grand, C. J.
This is an appeal from the refusal of the Court of Common Pleas to strike out a judgment against the appellant, and to quash an execution thereon.
The record shows that. Mohler and others brought a suit in the Common Pleas against Thomas Horney and Henry Meads, and that Horney and Meads failing to plead, the usual judgment by default was entered against them on September 9th, 1856, but the amount of the debt, actually owing, was not assessed by the court until (he 10thday of November 1856, on which day an attachment issued on the judgment. At the ensuing January term, (1857,) the sheriff made…
2Cited by6 opinions
- Czaplinski v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 2001
- Abell v. Simon ex rel. SimonCourt of Appeals of Maryland · 1878
- Loney v. BaileyCourt of Appeals of Maryland · 1875
- Sarlouis v. Firemen's InsuranceCourt of Appeals of Maryland · 1876
- Freidenrich v. Moore ex rel. CampbellCourt of Appeals of Maryland · 1866
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