Lester v. Howard

Bowie, C. J., delivered the opinion of this Court. An appeal was entered in this case by the defendant in proper person, on the 22nd September, 1863, and bond executed and approved. The appellee moves to dismiss the appeal, and files an affidavit, in which he alleges, “ That judgment was obtained therein in favor of the plaintiffs, as well as in another suit in which he was also a plaintiff with different parties, in the Court of Common Pleas of Baltimore City, at May term, 1863. That subsequently the said Lester appealed to the plaintiffs to release the lien of said judgments on certain property belonging to him, which he was endeavoring to sell, and in consideration of the granting of said release by the plaintiff, of the lien of the judgment, the said Lester agreed to pay the full amount of the judgment in the Court of Common Pleas, with costs, and to dismiss the appeal therein, and to pay the amount of interest accrued on the judgment in the Superior Court, and to abandon the appeal thereupon and to pay, within thirty or sixty days, at the farthest, the full amount of said judgment; that this agreement was made on the 4th of January, 1864; that the liens aforesaid were released, and the orders of plaintiffs and their ²³⁵ •attorneys, Messrs.

Matthews ¿6 Loney, toere filed to that effect; that the said Lester thereupon did pay the full amount of the judgment and costs in the Court of Common Pleas, •and did also pay the interest accrued to that date upon the judgment in the Superior Court, but failed to pay the full amount of said judgment within the stipulated time, although repeatedly afterwards promising so to do, ¡and has failed to abandon the appeal in this case in accordance with the stipulation for which he received a valuable ¿consideration,” etc. In addition to the affidavit of the appellee, the affidavit -of R. Stockett Matthews, an attorney of this Court, is filed, in which he deposes that he was counsel for the appellee fin the above case of Howard and others vs. Lester ; that he was present and privy to the arrangements made by George W. Howard, one of the appellees, with the defendant (the appellant) as set forth in the affidavit of said Howard, and that the matters and things set forth in said affidavit are true ; and further says that repeatedly, after the release of the lien as described in the said affidavit, the said Lester promised to fulfill his full undertakings and agreement, and stated that the appeal in this case was taken for delay .solely. Short copies of