Munnikuyson's Adm'x. v. Dorsett's Adm'x.
Court of Appeals of Maryland
' Appeal from Prince-George’s County Court. On the 7th of May 1816,, the plaintiff in that court, (now appellant,) sued forth a writ of scire facias on a judgment therein rendered at April term 1807, in favour of the plaintiff, against the defendant’s intestate, for $600 damages, and $7 28 costs. It stated the death of the intestate, and that administration on his estate had been granted to the defendant, &c.
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' Appeal from Prince-George’s County Court. On the 7th of May 1816,, the plaintiff in that court, (now appellant,) sued forth a writ of scire facias on a judgment therein rendered at April term 1807, in favour of the plaintiff, against the defendant’s intestate, for $600 damages, and $7 28 costs. It stated the death of the intestate, and that administration on his estate had been granted to the defendant, &c. The sheriff was commanded to give notice, &c. to the defendant, and at the return day he made return of the writ nihil. The record states that the defendant, as administratrix,…
1Opinion of the CourtDorsey, J.
The circumstances detailed in the depositions filed in this case, were not a sufficient warrant to the court below, to strike out the judgment against the appellee. The scire facias against Fielder Dorsett’s administratrix was regularly issued, to which a voluntary appearance for the defendant, was entered by Archibald Han Horn, an attorney of Princc-Qeorge’s county court, and a judgment by default was rendered against her by reason, as stated in the argument, of the death of Han Horn before the judgment term; and it is, alleged, no rule was laid on the defendant to employ new counsel. The…
2Cited by11 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Dorsey v. KyleCourt of Appeals of Maryland · 1869
- Dorsey's Lessee v. GaryCourt of Appeals of Maryland · 1872
- Capobianco v. GordonCourt of Special Appeals of Maryland · 1974
- Greff v. FickeyCourt of Appeals of Maryland · 1869
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