Mitchell v. Williamson
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of debt, instituted on the 16th of March 1838, by the appellees* executors of David Williamson, Sen., against Elizabeth Mitchell, executrix of James D. Mitchell, upon a bond for $2000, executed by David Williamson, Jr., as principal* and said James D. Mitchell as surety, on the 17th of August 1833, and payable to the plaintiffs as execulors as aforesaid, within two years from date.
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Appeal from Charles county court. This was an action of debt, instituted on the 16th of March 1838, by the appellees* executors of David Williamson, Sen., against Elizabeth Mitchell, executrix of James D. Mitchell, upon a bond for $2000, executed by David Williamson, Jr., as principal* and said James D. Mitchell as surety, on the 17th of August 1833, and payable to the plaintiffs as execulors as aforesaid, within two years from date. After the nar was filed and before plea, the executrix died, and the appellant, Henry S. Mitchell, the admr. d. b. n. c. t. a., was ruled to appear and defend…
1Opinion of the CourtChambers, J.
It has been very correctly said by the appellants’ counsel, that the confused state of the record in this case, makes it very difficult to ascertain what are the questions properly before the court.
We will express an opinion on such points as we suppose, after an examination of the record, and a consideration of the argument, may be properly regarded before us.
The motion to arrest the judgment has been argued on two grounds : first, that in such a case as this, where a suit is instituted against an executor, who dies, pendente lite, after nar filed, when the administrator d. h. n., c. t. a.…
2Cases cited1 opinion
- Mitchell v. MitchellCourt of Appeals of Maryland · 1844
3Cited by10 opinions
- Conklin v. SchillingerCourt of Appeals of Maryland · 1969
- Lake v. ThomasCourt of Appeals of Maryland · 1897
- Commissioners v. BradfordCourt of Appeals of Maryland · 1902
- Seigman v. HoffackerCourt of Appeals of Maryland · 1881
- Peninsula Produce Exchange v. American Railway Express Co.Court of Appeals of Maryland · 1925
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