Byrne v. John McPherson
Court of Appeals of Maryland
Appeal from Washington county court. This was a scire facias sued out on the 2nd December, 1833, reciting a judgment of November term, 1832, recovered by John McPherson and John Brien, against the appellant, for as well the sum of $742.37 debt, as the sum of $2,000 damages, &c., suggesting the death of John McPherson, and that execution in favor of John Brien, as surviving obligee of John McPherson, remains if, &c., returnable on the 4th Monday of March, 1834. This writ was…
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Appeal from Washington county court. This was a scire facias sued out on the 2nd December, 1833, reciting a judgment of November term, 1832, recovered by John McPherson and John Brien, against the appellant, for as well the sum of $742.37 debt, as the sum of $2,000 damages, &c., suggesting the death of John McPherson, and that execution in favor of John Brien, as surviving obligee of John McPherson, remains if, &c., returnable on the 4th Monday of March, 1834. This writ was returned, made known, and the appellant appeared. At November term, the death of John Brien was suggested, and the cause…
1Opinion of the CourtChambers, J.
The only question submitted to the court, is, whether under the circumstances of this case, the scire facias could properly be amended. In principle, this case cannot be distinguished in this respect from the case of Prather’s Terre Tenants vs. Manro, 11 Gill & John. 261, in which the same question was adjudged. The argument in this case has only tended to' strengthen the views there expressed, and we therefore
AFFIRM THE JUDGMENT.
2Cited by1 opinion
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