Burk v. Tinsley

Page, J., delivered the opinion of the Court. This appeal is from the order of the Court below, striking out the judgment of condemnation and quashing the attachment. The order of the Court is, “ that the judgment of condemnation in this case be and it is hereby stricken out, and the writ of attachment be and hereby is quashed, on the ground of the insufficiency of the voucher, provided the defendant enters his appearance to the short note case.” The voucher, thus declared by the Court to be insufficient, is as follows: Philadelphia, Oct. 17th, 1892. S. L. Tinsley, Dr. Wm.

Burk & Bro. Dr. Oct. 12. Cash........................... 1,978 50 Cr. 29,000 S>s. gross wght. hogs. 80% 23,200 at 7J¿.................. 1,682 00 Less freight.................... 124 00 1,558 00 $420 50 With interest from Oct. 17th, 1892. ¹⁰⁰ Now, while the voucher or evidence of debt is not required to be produced qtia testimony, yet it ought to show the real nature and extent of the claim as set forth in the affidavit. Hoffman, etc., v. Reed, 57 Md. 375 .

In that case, an account “ To professional services, as per agreement $200,” was held insufficient, because “ it does not give to the debtor or other persons interested any certain notice or information as to the real nature and character of the claim.” So in Thillman v. Shadrick, 69 Md. 529 , where the voucher was “ To a balance due on purchase money of nine houses,” etc., the Court said: “ The correctness of the balance depends upon the accuracy of the debits and credits. It is impossible for the defendant to state, as his defence, what part of the plaintiffs claim is admitted and what denied, where no information as to the particulars of the indebtedness is given; and as it was the object of the Act of Assembly to narrow the questions in issue between the parties as much as could practicably be done, it seems clear upon principle, that such a statement as that filed by the appellee, is very far from being what the statute exacts.” In Stewart v. Katz, 30 Md. 346 , the account was declared sufficient because “ it was certain in its items and details,” and “ is made out in the