Christie v. Goldsborough
Court of Appeals of Maryland
THE sheriff returned on a capias ad satisfaciendum, cepi mortuus est, which return the defendant’s counsel objected to, because the sheriff did not return where the prisoner died, and was therefore ambiguous.
1Opinion of the Court
Í agree that all writs must be returned, and the effect oí them complied with, unless some reasonable cause is shewn by the sheriff as an excuse for his not doing so. But we differ in the application of this general position. The writ, which is the foundation of this motion, commands the sheriff to take the body, &c. and him safe keep, so that he have him before the Court at the particular day therein specified. The sheriff returns “ cepi corpus.” If the return had rested there, we should have heard no objection to it, and the gentleman’s sagacity would have furnished him with arguments and…
2Cited by14 opinions
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
- McCormick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Mayor of Baltimore v. FrickCourt of Appeals of Maryland · 1895
- Canton Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1907
- Sanderson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1920
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