Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 120)
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Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 120)

Reports of Cases Argued and Determined in the Court of Appeals of Maryland (Volume 120)


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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1913. Not illustrated. Excerpt: ... Opinion of the Court. [150 Court ordered a transcript of the record to be sent to the Circuit Court for Somerset County for trial. The case was tried in that Court and resulted in a verdict for the plaintiff for five thousand dollars and costs upon which judgment was entered on the 19th of October, 1899. A certified copy of the docket entries was sent from that Court to the Circuit Court for Wicomico County. This judgment remains unsatisfied. In April, 1900, the defendant filed a petition in the United States District Court for Maryland for adjudication in bankruptcy. It appears from the schedule of debts filed by him that the only debt he owed was this judgment. On June 14th, 1900, by an order of that Court he was discharged from all provable debts and claims, except "such debts as are by law excepted from the operation of a discharge in bankruptcy." On October 19th, 1911, the appellant sued out of the Circuit Court for Wicomico County a writ of scire facias to revive this judgment. The defendant moved to quash the writ. This motion was overruled, and the case went to trial upon issues joined upon certain pleas filed by the appellant. As all the questions presented for decision are raised by the exceptions to the testimony and by the prayers, it is unnecessary to discuss the motion to quash or the propriety of the ruling on the pleadings. The defenses relied on are: first, that there is no record in the Circuit Court for Wicomico County upon which a writ of scire facias can be issued; secondly, that the defendant was discharged from the judgment by the order of the Court above mentioned; and thirdly, that the proceeding was barred by limitations. "A scire facias is a judicial writ founded upon some matter of record such as ai judgment, recognizance, letters patent, ...


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Product Details
  • ISBN-13: 9781154231908
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 256
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1154231909
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 463 gr


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