Legal Opinion

Seevers v. Clement

Court of Appeals of Maryland

Decided March 20, 1868PublishedCited by 8 opinions

Appeal from the Superior Court of Baltimore City. On tbe 12th of November, 1859, the appellant caused an attachment on warrant to be issued out of the Superior Court of Baltimore city, against the appellee on a promissory note for §859.65, and an open account of §24.90, with interest on §23.61, part of the latter, from the 3d of September, 1859. On the 15th November, the attachment was laid in the hands of garnishees and levied on property of the appellee.

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Appeal from the Superior Court of Baltimore City. On tbe 12th of November, 1859, the appellant caused an attachment on warrant to be issued out of the Superior Court of Baltimore city, against the appellee on a promissory note for §859.65, and an open account of §24.90, with interest on §23.61, part of the latter, from the 3d of September, 1859. On the 15th November, the attachment was laid in the hands of garnishees and levied on property of the appellee. The latter thereupon appeared and dissolved the attachment by bond. The appellant subsequently filed a declaration, and on the following…

1Opinion of the CourtAlvey, J.

By admission and agreement of parties, the oidy question raised, to be decided on this appeal, is as to the effect of the pendency of the suit in the Court of Pennsylvania, at the time of the institution of this cause in the Court below, both proceedings being between the same parties, and on the same cause of action. The specific question is, whether the defendant can effectually plead the pendency of the prior suit in a foreign jurisdiction, either in abatement or in bar of this action. We say foreign jurisdiction, because, while it is settled that for all national purposes embraced by the…

2Cases cited4 opinions

  1. Buckner v. Finley & Van LearSupreme Court of the United States · 1829
  2. Hatch v. SpoffordSupreme Court of Connecticut · 1852
  3. President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
  4. Walsh v. DurkinNew York Supreme Court · 1815

3Cited by8 opinions

  1. Glenn v. WilliamsCourt of Appeals of Maryland · 1883
  2. Skok v. StateCourt of Appeals of Maryland · 2000
  3. Marshall v. CooperCourt of Appeals of Maryland · 1875
  4. State ex rel. Bashe v. BoyceCourt of Appeals of Maryland · 1890
  5. Cole ex rel. Fie v. William H. Flitcraft & Co.Court of Appeals of Maryland · 1877

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