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2 Md. 62

Edwards v. Gramlic

Court of Appeals of Maryland

Decided June 15, 1852

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

This was an attachment, issued 19th May 1851, upon a judgment by a justice of the peace, in favor of the appellees, and which, on the same day, was laid in the hands of the appellant, as administrator of Swann.

Decided 1852-06-15

Mason, J.,

¶1delivered the opinion of the court.

¶2This court does not feel itself at liberty in determining a case like the present, to look beyond the agreed statement of facts for the questions submitted for our adjudication. The only question submitted to us by the statement of facts in the present case is, whether the act of 1847, chap. 201, sec. 6, is an infraction of the compact between the United States and the State of Maryland, contained in the act of 1831, chap. 85?

¶3The court are of opinion, that inasmuch as the conditions of the-bond, provided for by the compact of 1831, are altered and enlarged by the act of 1847, that, therefore, the said last named act is an infringement of the compact, and, to that extent, is void and inoperative. The court therefore declare, “that the superintendent is not personally liable on his bond for claims against the said road, whether he has funds in his hand;* of the said road or not.”

¶4The court desire to express no opinion as to the personal and individual liability of the superintendent, independent of his bond, in any case where he may transgress the bounds of his duty, in contracting debts not particularly authorised by the compact of 1831..

¶5Judgment reversed.

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