General

Henry Coumbe v. James Nairn

2 D.C. 6762 Cranch 676·United States Circuit Court of the District of Columbia·1826

(Morsell, J., absent,)

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Opinion

Henry Coumbe v. James Nairn. The defendant, against whom a judgment has been rendered by a justice of the peace, cannot maintain an appeal from that judgment after having superseded it by confessing a new judgment, with sureties, and six months stay, according to the provisions of the Act of Assembly. -This was an appeal from the judgment of a justice of the peace. The defendant had superseded the judgment by confessing a new judgment for the same amount, with sureties, and thereby obtained a stay of six months, as provided by the Maryland Act, 1791, c. 67. [MAJORITY — The Court] The Court (Morsell, J., absent,) was of opinion that the original judgment was merged in the new judgment, and could not now be the subject of appeal. Appeal dismissed with costs.