Scaggs v. Reilly

Roberts, J., delivered the opinion of the Court. This action was brought in the Circuit Court for Prince George’s County in the name of the State of Maryland for the use of Pinkney A. Scaggs, administrator of Waite E. Brown, against Edward Reilly, coobligor in a certain writing obligatory or guardian bond which he had executed and entered into with Sarah A. Brown, who is the principal but who has been returned non est, and a certain George W. Duval, who has died since the commencement of the suit. For the disposition of this appeal it will not be necessary to enter upon any extended discussion of the questions involved other than a brief reference to the only exception contained in the record. The appeal must be dismissed for the reason that the record fails to disclose and it is in fact conceded that no judgment was entered from which an appeal could be taken.

The case will have to be remanded that a new trial may be had, and as the Court below committed error in refusing to permit the appellant to read in evidence the writing obligatory, which the appellee and his co-obligors had on the 20th of February, 1865, executed, we will briefly state our views upon the ruling of the Court ⁶⁵ so as to avoid like error in the event of a retrial of the case. (Decided June 28th, 1898.) It appears by the record of the former appeal of this case (reported in 83 Md. 123 ) that this suit was originally brought in the Court below on the 13th of January,