Heidelbach v. Batory
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The facts of the case aré sufficiently stated in the opinion of this Court. The Court below, (Dobbin, J.) filed the following opinion : After careful consideration of this case, I am of opinion that the judgment ought to be arrested., the judgment sued upon not being such an one as this .Court can carry into effect by a like judgment to be rendered here.
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Appeal from the Superior Court of Baltimore City. The facts of the case aré sufficiently stated in the opinion of this Court. The Court below, (Dobbin, J.) filed the following opinion : After careful consideration of this case, I am of opinion that the judgment ought to be arrested., the judgment sued upon not being such an one as this .Court can carry into effect by a like judgment to be rendered here. Any other judgment than one presenting the same alternative would be transcending the power of this Court, which must be limited to precisely the same measure' of relief which the plaintiff…
1Opinion of the CourtMiller, J.
In this case Thorner and Heidelbach, brought an action of debt against Batory and Jackson, upon a judgment recovered by the plaintiffs against the defendants in the State of Tennessee. Batory was summoned and Jackson returned non est. The first count of the declaration is upon an absolute judgment for a certain sum of money. Nul tiel record was pleaded to this count, and on production of the record of the judgment sued on this plea was very properly sustained. A similar plea to the second count was overruled, and under instruction from the Court the jury rendered a verdict in favor of the…
2Cases cited1 opinion
- Dimick v. BrooksSupreme Court of Vermont · 1849
3Cited by3 opinions
- National Surety Co. v. Austin Machinery Corp.Court of Appeals for the Sixth Circuit · 1929
- Webb v. Baltimore & Eastern Shore RailroadCourt of Appeals of Maryland · 1893
- Smith v. KanderMissouri Court of Appeals · 1894