State ex rel. Robey v. Turner
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of debt instituted by the -appellant on the 5th of March, 1832, against one Jesse C. Coolc, who died whilst the suit was depending-, and the appellees his sureties in his bond as sheriff of Charles county, dated on the 8th of December, 1829, in the penalty of £10,000, and with the usual condition.
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Appeal from Charles county court. This was an action of debt instituted by the -appellant on the 5th of March, 1832, against one Jesse C. Coolc, who died whilst the suit was depending-, and the appellees his sureties in his bond as sheriff of Charles county, dated on the 8th of December, 1829, in the penalty of £10,000, and with the usual condition. The appellees pleaded performance of the condition by Cook, to which the appellant in his amended replication replied as follows — “And the said state by, &c. for plea the said state by its said attorneys by replying, saith, that at a county court…
1Opinion of the CourtDoksey, Judge
The important question in this cause, as respects the substantial rights of the parties, is whether the appellees, the sureties in the sheriff’s bond of the 8th of December, 1829, are liable for the breach set forth in the replication, to which the appellees have demurred. The breach assigned is the non-payment of money received on the 17th of May, 1830, under two writs offieri facias, issued on the 24th of November, 1828, and laid upon the lands of the debtor on the 6th of December, 1828; and on his goods and chattels on the 21st of January, following, '{'he issuing of the executions and…
2Cited by2 opinions
- Williams v. HigginsCourt of Appeals of Maryland · 1869
- Dowling v. SmithCourt of Appeals of Maryland · 1856