41 Md. 593 | Md. | 1875
delivered the opinion of the Court.
In this case Thorner and Heidelbach, brought an action of debt against Batory and Jackson, upon a judgment recovered by the plaintiffs against the defendants in the State of Tennessee. Batory was summoned and Jackson returned non est. The first count of the declaration is upon an absolute judgment for a certain sum of money. Nul tiel record was pleaded to this count, and on production of the record of the judgment sued on this plea was very properly sustained. A similar plea to the second count was overruled, and under instruction from the Court the jury rendered a verdict in favor of the plaintiffs for $2039.96. Subsequently on motion of the defendant, the Court arrested judgment on this verdict and the plaintiffs have appealed.
The record of the Tennessee judgment shows that Batory obtained a writ of replevin for certain goods in the possession of Thorner & Heidelbach, which he claimed as
The second count of the declaration sets out this alternative judgment, and avers that it remains in full force, unreversed and unsatisfied, and that Batory has not returned to the plaintiffs the said goods or any part of them “whereby an action hath accrued to the plaintiff's io have and demand of and from the defendants the sum of
Order affirmed.
The defendant has taken an appeal from the action of the Court in overruling his demurrers to the declaration, and to the replication to certain pleas, and in sustaining the plaintiffs’ demurrers to several of his pleas, and also from the rulings of the Court on his second plea of nul tiel record, and in granting the instruction contained in his second exception. But no final judgment to support this appeal has been rendered against the defendant, and it must therefore he dismissed.
Appeal dismissed.
(Decided 5th March, 1875.)