Newcomer v. Keedy

Decided June 15, 1852

Court of Appeals of Maryland · decided 1852-06-15

This is an appeal from Washington county court, in an action on the case, against the appellant, late sheriff of that county, for a false return. The defendant pleaded actio non accrevit, <§rc., and to this plea the plaintiff demurred. The County court sustained the demurrer, and from that decision an appeal was prayed.

Cited by 2 later decisions — most recently March 1947

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-06-15

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Le Giiaxd, G. J.,

¶1delivered the opinion of the court.

¶2There is but one question in this case, and that is, can limitations be pleaded to an action on the case against a sheriff for a false return to a fi.fa.6)

¶3Were it not for the decision in French vs. O'Neile, 2 Harris and McHenry, 401, we should hold that the act of 1715, chap. 23, sec. 2, authorised such a plea to such an action. That decision was made in 1790, and since has not been questioned, so far as we are informed. Under these circumstances, we do not feel justified in overruling it, preferring to leave to the legislature the consideration of the propriety of explaining the act of 1715, by an amendatory or explanatory enactment, so as to embrace such a case as the present.

¶4Judgment affirmed.-