Maryland case law › Stewart v. Dorsey

Stewart v. Dorsey

3 Md. 401 (1795) · Maryland Court of Appeals
Maryland Court of AppealsDisposition: Other✓ Good law
HoldingThis was an action by the Sheriff of Anne Arundel County against the executrix of a debtor to recover poundage fees for serving executions on the body of the defendant's testator in October 1788.

The following case was stated for the court’s opinion, viz. This action is brought to recover the poundage fees for serving, in October, 1788, sundry executions on the body of the defendant’s testator in his lifetime, as stated in the declaration which issued on behalf of the state of Maryland, and that those executions were issued to recover the sum of 14,140/. current money, with interest from the 4th of February, 1782, and costs. It is admitted that the executions were served, and that the defendant’s testator was brought into court by the plaintiff, as sheriff of Anne Arundel county, ánd detained two or three days? that he petitioned the legislature, then sitting, on the subject of the said debts, in-consequence of which, the defendant’s testator was not committed, and the following resolution passed the legislature, to wit: “ Resolved that all executions issued against, or served on, any of the debtors of the state, on bonds passed for state or continental state money, or where the original contract was in state or continental state money, be countermanded, and that no executions-Issue against such debtors before the first day of Sepfem» 402 her next; and that all the said debtors for state and continental state money, be allowed to discharge the whole or any part of their

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