Legal Opinion

State ex rel. Love v. Dilley

Court of Appeals of Maryland

Decided November 20, 1885PublishedCited by 2 opinions

Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. The declaration demurred to contained the four following assignments of breach of the condition of the bond sued on: And said State, for assigning a breach of said condition of said writing-obligatory, says, that said Barney, as administrator as aforesaid, received and took possession of all the personal property and assets of said Joseph, which remained at the time of his…

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Appeal from the Circuit Court for Allegany County. The case is stated in the opinion of the Court. The declaration demurred to contained the four following assignments of breach of the condition of the bond sued on: And said State, for assigning a breach of said condition of said writing-obligatory, says, that said Barney, as administrator as aforesaid, received and took possession of all the personal property and assets of said Joseph, which remained at the time of his death, and sold the same, and received the money therefor, and also received and took possession of all the notes, bonds,…

1Opinion of the CourtMiller, J.

This suit was brought on the 2d of June, 1884, by a distributee of Joseph Dilley, deceased, upon the bond of Barney Dilley, as administrator of that estate. The declaration was filed on the 22nd of August, 1884, and assigns four breaches. To this declaration there was a general demurrer, which the Court below sustained, and hence this appeal hy the plaintiff in the action.

The bond bears date the 29th of March, 1819, and it also appears from the third breach assigned, that the plaintiff and her husband, on or about the 15th of June, 1880, filed a bill in equity in the Circuit Court for…

2Cited by2 opinions

  1. State ex rel. Cotonio v. Judge Criminal District CourtSupreme Court of Louisiana · 1901
  2. State Ex Rel. Suszko v. SwiftCourt of Appeals of Maryland · 1936

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