Tiers v. Codd

Roberts, J., delivered the opinion of the Court. In a case in the Superior Court of Baltimore City entitled William T. Tiers v. Henry C. Codd, Administrator of William H. Codd, the appellant (plaintiff below) filed an order directing the Clerk of that Court to issue the writ of scire facias on the judgment in that case, against Henry J. Codd, only terre tenant of William H. Codd, to be levied on the property conveyed by him to Edward J. Codd; the order then gives a description of the property upon which the writ is to be levied. On the same day the writ was issued, and on the 18th of May, 1897, the appellee demurred to the writ, and on the 29th of May, 1897, the demurrer was sustained and the writ quashed. The record has been made up in compliance with the written order and direction of the appellant’s attorney and is of a most imperfect character, without system • or regularity.

The docket entries are in a profound state of confusion, the intricacies of which are most difficult to unravel. It will, however, not be necessary to do more than ascertain the state of the record and the condition of the judgment at the date when the writ of scire facias was issued. Without discussing in detail the docket entries ante-dating the 8th of March, 1897, when the judgment against Henry C. Codd, administrator of William H. Codd, was revived, it will be important to note the form of the judgment, which is as follows: “Judgment that the plaintiff do recover his debt to be levied on the goods of the intestate, which shall hereafter come into the hands of the administrator.” Shortly after ⁴⁴⁹ the entry of this judgment the appellant caused to be issued the writ of scire facias now under consideration here, which was made known to Edward J. Codd, only terre tenant of William H. Codd, but no service of the same was made upon Henry C. Codd, the administrator of said intestate, and who was entirely omitted as a party to said writ. Fromi a careful examination of the record we are well satisfied that' the demurrer