Legal Opinion

Dorsey v. Kyle

Court of Appeals of Maryland

Decided May 27, 1869PublishedCited by 19 opinions

Appeals from the Circuit Court for Howard County. In July, 1861, the appellant, hearing of the illness of his wife, at her father’s, in Winchester, Virginia, left his home in Maryland for the purpose of seeing her, intending to return in a few days. Owing to the position of the Federal and Confederate forces about Winchester, the appellant, for several weeks, was unable to return home. About the 1st of September, 1861, upon information received from his brother, Wm. H..

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Appeals from the Circuit Court for Howard County. In July, 1861, the appellant, hearing of the illness of his wife, at her father’s, in Winchester, Virginia, left his home in Maryland for the purpose of seeing her, intending to return in a few days. Owing to the position of the Federal and Confederate forces about Winchester, the appellant, for several weeks, was unable to return home. About the 1st of September, 1861, upon information received from his brother, Wm. H.. G. Dorsey, and numerous friends in Maryland, as well as from the many illegal arrests there made, the appellant concluded…

1Opinion of the CourtAlvey, J.

Upon a careful examination of the several records before us, we fail to discover any sufficient ground 'for sustaining the motions of the appellant to strike out the judgments of condemnation.

“ Every person who doth not reside in this State, and every person who absconds, may be made a defendant in an attachment,” is the provision in our law in regard to defendants in attachments, (1 Code, Art. 10, seo. 2;). and the term citizen-, used in the formula of the affidavit prescribed by the 4th section of the Article of the Code referred to, is to be taken as synonymous with inhabitant or permanent…

2Cases cited7 opinions

  1. Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
  2. In re ThompsonNew York Supreme Court · 1828
  3. Griswold v. WaddingtonNew York Supreme Court · 1819
  4. Risewick v. DavisCourt of Appeals of Maryland · 1862
  5. Henck v. TodhunterCourt of Appeals of Maryland · 1826

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3Cited by19 opinions

  1. Watts, Watts & Co. v. Unione Austriaca Di NavigazioneSupreme Court of the United States · 1918
  2. McVeigh v. United StatesSupreme Court of the United States · 1871
  3. Hollander v. Central Metal & Supply Co.Court of Appeals of Maryland · 1908
  4. Union National Bank v. FinleyIndiana Supreme Court · 1913
  5. Tyler v. MurrayCourt of Appeals of Maryland · 1882

14 more not listed; retrieve them via the Exa API.

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