Scott v. State
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of debt instituted in the name of the State, for the use of Jeremiah Ducker, against the appellant and Geo. G. Belt as sureties in a trustee’s bond of one John Scott, who was appointed by Baltimore county court, as a court of equity, trustee for the sale of certain real estate mentioned in the proceedings in a cause in said court. The plaintiff declared generally for the penalty of the bond without assigning breaches.
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Appeal from Baltimore county court. This was an action of debt instituted in the name of the State, for the use of Jeremiah Ducker, against the appellant and Geo. G. Belt as sureties in a trustee’s bond of one John Scott, who was appointed by Baltimore county court, as a court of equity, trustee for the sale of certain real estate mentioned in the proceedings in a cause in said court. The plaintiff declared generally for the penalty of the bond without assigning breaches. The defendants pleaded general performance, to which the plaintiff filed the following replication : “And the said…
1Opinion of the CourtMason, J.
This is an action brought on a bond in which the appellant and George G. Belt, since dead, were sureties for a certain John Scott, also deceased, who was appointed trustee by Baltimore county court, to sell certain real estate.
The plaintiff declared generally for the penalty in the bond, without assigning any breaches. The defendant pleaded general performance, to which the plaintiff filed his replication, setting forth the particular breaches of the condition of the bond of which he complained. The appellant in his rejoinder to the plaintiff’s replication relies on four grounds of defence,…
2Cases cited1 opinion
- Dorsey v. State ex rel. PannellCourt of Appeals of Maryland · 1832
3Cited by10 opinions
- Thruston v. BlackistonCourt of Appeals of Maryland · 1872
- Ward v. State Ex Rel. SchlosserCourt of Appeals of Maryland · 1909
- Norris v. LantzCourt of Appeals of Maryland · 1862
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
- State ex rel. D. W. Moore & Co. v. MayughCourt of Appeals of Maryland · 1859
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