Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 22

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 22

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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. 1867 edition. Excerpt: ...and cannot afterwards in any subsequent proceedings be inquired into: he assimilates this to a case of sci. fa., where any defence which might have been pleaded to the original action cannot be set up against the sci. fa. In the case of Belt 'us. Worthington, 3 G. rfi J., 252, Aucnnn, Justice, declared: "The object of the law in prescribing a replevin bond shall be entered into by a plaintiff before he should have the benefit of the writ, was only to give indemnity to the defendant. If in truth he had no right to the property at the time of the institution Of the suit, the rejection of the evidence by putting it in his power to recover the value of the goods, would enable him to overreach a just measure of indemnity, and inflict 3' Penalty which the law never contemplated." Repudisting the analogies sought to be established in that case, to judgments by default in actions on appeal bonds and m"eY 00ntracts, J1e said the action of replevin was "Sui 9e"e'i@,"--"the recovery on the replevin bond ought to be moulded in such a. manner as will best suhserve the principles ofjustice," ' "the question (of admissibility of evidence) must always be regulated by a reference to the rights decided in the action, and the nature and character of the bond." In this case, the ohligors in the replevin, were permitted after non--suit in replevin and judgment by default on the bond, to show in mitigation of damages, that they had title to the articles replevied. The same general principle is announced by STEPHEN, Justice, in the case of Dugan vs. Tyson, 6 G. d2 J., 458. This principle is exemplified most strongly in the case of Walter, use of Walter vs. Warfielol et al., 2 Gill, 216. Where after...
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Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236906640
  • 9781236906649