M'Mechen v. Mayor of Baltimore
Court of Appeals of Maryland
Error to the general court. This was an action of debt brought the 8th of April 1801, in the names of the defendants in .error, for the use of A. Storey, on a writing obligatory bearing dale the 23d of January 1799, executed by Thomas Yates and Archibald Campbell, with David Stewart and the plaintiff in error, their sureties, to The Mayor and City Council of Baltimore, (the defendants in error,) in the the penal sum of BSD,000 current money, reciting-, that “whéreas the…
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Error to the general court. This was an action of debt brought the 8th of April 1801, in the names of the defendants in .error, for the use of A. Storey, on a writing obligatory bearing dale the 23d of January 1799, executed by Thomas Yates and Archibald Campbell, with David Stewart and the plaintiff in error, their sureties, to The Mayor and City Council of Baltimore, (the defendants in error,) in the the penal sum of BSD,000 current money, reciting-, that “whéreas the above bound Thomas Yates and Archibald Campbell have obtained from the mayor a license of admis- . . , . - . . J sion, under…
1Opinion of the Court
•Chase, Ch. J.
delivered tiie opinion of the comí. The court cannot travel out cf the record, but will make every iv i: :rsary intendment iu support of the judgment of the inferior court (a.)
I he judgment by confession is an admission of the right, of v'.Y íhieffír and City Council of Baltimore to recover the penalty of the bond; and whether it is in their own right, or for the use of another, is not material, and cannot be a cause of reversing the judgment.
According to the record, and the nature of the transaction as disclosed by it, the legal and necessary intendment Is, (hat the bond and…
2Cited by8 opinions
- Harford County v. Town of Bel AirCourt of Appeals of Maryland · 1998
- Gaither v. JacksonCourt of Appeals of Maryland · 1925
- Mayor of Baltimore v. CraneCourt of Appeals of Maryland · 1976
- Thillman v. NealCourt of Appeals of Maryland · 1898
- Harper v. CunninghamCourt of Appeals for the D.C. Circuit · 1895
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