McCullough v. Franklin Coal Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County : This was a scire facias issued December 15th, 1859, upon* a judgment recovered by the appellants October 20th, 1856, against the appellee for $8275.35, with interest and costs.- The defendant pleaded five pleas: 1st. Nul tiel record; 2nd and 3rd, payment; 4th and 5th, special pleas. Issues were joined on the 1st, 2nd and 3rd pleas, and demurrers filed to the 4th and 5th.
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Appeal from the Circuit Court for Allegany County : This was a scire facias issued December 15th, 1859, upon* a judgment recovered by the appellants October 20th, 1856, against the appellee for $8275.35, with interest and costs.- The defendant pleaded five pleas: 1st. Nul tiel record; 2nd and 3rd, payment; 4th and 5th, special pleas. Issues were joined on the 1st, 2nd and 3rd pleas, and demurrers filed to the 4th and 5th. The 5th plea was abandoned, but the demurrer to the 4th plea, was overruled, the plea sustained and the scire facias quashed. The only question now presented, relates to the…
1Opinion of the CourtBowie, C. J.
The appellants sued out a writ of sci. fa. on the 15th December 1859, to revive a judgment obtained on the 20th October 1856, against the appellees.
Several pleas were filed, on some of which issues were joined, but the fourth special plea, which is in the nature of a plea of accord and satisfaction, setting forth facts in bar of the further execution of the judgment, was demurred to by the appellants, the plaintiffs below, which demurrer being overruled and judgment thereon for the defendant, the plaintiffs appealed. The appellants contend that the only pleas in bar to a scirc facias, are…
2Cases cited2 opinions
- Washington Booth v. CampbellCourt of Appeals of Maryland · 1860
- Harden v. CampbellCourt of Appeals of Maryland · 1846
3Cited by3 opinions
- Savage v. EvermanSupreme Court of Pennsylvania · 1872
- Downey v. ForresterCourt of Appeals of Maryland · 1872
- Harrison v. CarpenterSupreme Court of Alabama · 1932