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7 Md. 404

Boyd v. Talbott

Court of Appeals of Maryland

Decided June 15, 1855

Court of Appeals of Maryland · decided 1855-06-15

The record in this case shows that the appellant recovered judgment against the two Hooks on the 1st of March 1848, on which a fi.fa. was issued on the 24th of August following, but was immediately countermanded, and on the same day a ca. sa. issued, and was returned on the 2nd Monday of September, non esl as to one, discharged under the insolvent laws as to the other, of the defendants.

Decided 1855-06-15

Le Grand, G. J.,

¶1delivered the opinion of this court.

¶2We are of opinion, independently of all other considerations, that by virtue of the provisions of the act of Assembly of 1834, chapter 189, the judgment of the court below ought to be affirmed. We regard that act as a legislative interprei tation of the previous- state of the law, and as designed to place-an attachment on judgment on precisely the same footing, so far as the issue of it should be involved-, as that of a ji. fa. or ca. sa. The writ in this case having issued more than three years after'the rendition of the judgment, and the latter not- having been previously revived' by scire facias, we *408think the court did right in quashing it, and accordingly affirm the judgment.

¶3Judgment affirmed.

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