Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 11

Maryland Reports, Cases Adjudged in the Court of Appeals of Maryland Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: the name of the State, against the sheriff and his sureties, for a voluntary escape. On this statement three questions are propounded to the court. The language 051116 agreement is as follows: "That if the court should be Of Pinln; "PO11 the foregoing statement, that the Omission and failure of the said Baden, sheriff as aforesaid, to confine the said Sprigg in the county jail, after he was finally committed under the ca. sa. on the prayer of the said cestui que use, is such a breach of his otficial duty as to render his bond liable therefor, that then a judgment shall be entered by the court in favor of the plaintiff, for the penalty of the bond sued on, to be released on payment of the judgment and costs mentioned in the plaintifl"'s declaration, with interest from the day therein stated in that behalf, unless the court shall be of opinion that in this form of action, and on the above breach of duty, it is competent for the defendants to show, in mitigation of damages, the inability of the said Sprigg to pay all his debts clue and owing at the time of his said commitment; or unless the court shall be of opinion that the fact of the said cestui que use filing his said judgment before the auditor in insolvency is a waiver, or merger, or operates as an extinguishment of the right of the said cestui que use to resort to the official bond of said defendant, for said breach of duty; and if the court should entertain either one, or both, of the last opinions, then a judgment is to be entered in favor of the defendants, for their costs of suit," doc. In the view we have of this case, we deem it only necessary to decide one of the questions, although we have carefully examined the authorities bearing on the others....
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Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • United States
  • English
  • black & white illustrations
  • 1236899253
  • 9781236899255