Schleigh v. Hagerstown Bank
Court of Appeals of Maryland
Appeal from Washington county court. This was an action of assumpsit, commenced on the 12th November 1844, by the appellee against the appellants and 'David Shovman. The latter was not taken.
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Appeal from Washington county court. This was an action of assumpsit, commenced on the 12th November 1844, by the appellee against the appellants and 'David Shovman. The latter was not taken. The other defendants appeared by attorney, at November term 1846. The plaintiff declared upon the following note : “'$661.68. Washington County, Oct. 1st, 1839. Sixty days after date, we, or either of us, promise to pay to the President, Directors and Company of the Hagerstown Bank, or order, for value received, six hundred and sixty-one dollars, sixty-eiglit cents, negotiable at said bank, and payable…
1Opinion of the CourtArcher, C. J.
In the court below, application was made by the defendant, Kershner, at the trial term, to strike out the entry of special bail and appearance, for him, upon the ground, that the special bail was for Schleigh alone, and that the defendant, Kershner, had not given bail, in point of fact, or authorised an attorney to appear for him.
The declaration had been filed, and by the rules of Washington county court, the rule-day to plead had passed; but it was in the power of the defendant, to have pleaded to the merits of the case.
The motion to rectify the proceedings, is not on behalf of the bail, but…
2Cases cited2 opinions
- Boarman v. PattersonCourt of Appeals of Maryland · 1843
- Sasscer v. Walker's Ex'rsCourt of Appeals of Maryland · 1833
3Cited by1 opinion
- Ecker v. First National BankCourt of Appeals of Maryland · 1884