The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1873-01-11
An Important Decision.
AKIN & LEWIS
Denny 4 Brown.

DENNY 4 Brown.
Alexander Evans. and James B. Groome
for Appellants. j. II. Mccullough. TO
Appelees.
Court OF Appeals of Maryland Appea
from the Circuit Court for Cecil County. il
Equity. October Term, 1872.
This case was argued at the presen
October Term of the Court of Appeals, ant
the order of Judge Stump dissolving til,
Injunction affirmed
The principles of law involved in the
case, was of sufficient general interest ant
Importance to induce the publication of the
opinion of the Court in full.
The facts of the case are substantially al
follows:
Isaac Brown, brought suits against
Messrs. Akin II Lewis, before Justice Geo
r. Howard, which was superseded, and
upon the expiration of the stay, before any
writs of il ia had issued thereon, Messrs.
Akin & Lewis paid the amount of the
Judgment to Charles E. Lewis, Constable,
who entered the judgment &C satisfied in
full - on the docket of the Justice. Mr..
Brown not being paid by the Constable,
obtained copies of the judgments from JUS
tice Howard, and on there copies execution
was issued by Justice Jos. r. Brown, di-
rected to Sheriff Geo. W. Denny, who
levied them on the property of Messrs.
Akin and Lewis.
Messrs. Akin & Lewis, therefore obtain
ed an injunction restraining further pro-
| ceedings on the execution. The case was
heard on bill and answered by Judge
Stump, and the injunction dissolved
Messrs. Akin q Lewis then appealed.
The counsel for the Appellants contend
ed that the payments made by them to the
Constable were good and valid, and the
entering of satisfaction on the docket made
by him effectual to satisfy the judgments.
The counsel for the Appellees insisted
that the Constable had no authority to
receive the money, and that the judgments
were still valid Notwithstanding the enter
! ing of satisfaction made by the Constable
Judge Alvey delivered the opinion of
the Court as follows:
OPINION
The sole question presented by the re-
| cord is, whether the Constable had author
ity to receive the money due ON the judy
ments and to enter the judgments satisfied.
| If not, it is clear the executions subse-
| quently issued thereon by another Magis-
| trate than the one before whom the judg-
Nd ~,
all respects legal.
| 1t is not alleged or pretended that the
notes. upon which the judgments were
| founded, were placed in the hands of the
+! Constable for collection. The allegation
| in the bill is, that they were placed by the
| said Isaac Brown with and under the con-
troll of the said Geo. r. Howard, Justice of
| the peace, for collection, and that the said
Justice of the peace issued process to GER
tain Charles f. Lewis, then one of the
| Constables of Cecil County aforesaid, di-
! recting him to summon your orators to
appear at the suit of said Isaac Brown, on
said note, and that after judgments had
been rendered, superseded and the stay
expired, the amounts Of the several judg-
ments had been paid over by the defend
ants therein to the Constable, Lewis; the
Magistrate declining to receive the money.
| But the Constable had no executions in his
hands, and he was in no way otherwise
connected with the judgments, on the col
lection of the claims than the mere service
of the nsesne process of summons on the
defendants to appear to the cases before
the Magistrate. This certainly gave him
| no control over the judgments, and in no
| manner constituted him the agent for the
collection of the money due on them, with
out execution properly directed to him.
| AS to the authority alleged to have been
delegated to the Magistrate, Howard, to
collect the money due on the notes. the
answer of the plaintiff i'll the judgments
expressly denies that any such authority
was given. The answer AYERS that the
notes were placed in the hands of the Mag
istrate, simply to have the necessary pro-
ceedings taken to obtain judgments, and
| denies "that the said notes were under the
control of the said Justice, or that of any
other person, for any other purpose what
ever" Again, it answers that neither the
Magistrate or the Constable chad any
| authority whatever to receive the said
sums of money, due on said judgments, or
to mark or enter on the docket of the SAID
Justice of the peace, that the said iudg
ments were satisfied in full or otherwise. -
But if it were even true, that the notes
had been placed in the hands of the Mag
| istrate, with authority to collect them, it
did not follow that the Constable, by serv-
ing maesne process only, became entitled to
receive the money. or that the Magistrate
| could have delegated to him such author
| ity, without placing executions in his
hands to be proceeded on in due course of
| law The plaintiff in a judgment is GER
tainly entitled to the privilege of selecting
his own agent to collect his money, when
ever it becomes necessary to employ an
| agent for that purpose, and the only way
| by which Constable in his official oharac-
ter. derives authority to proceed in the col
| lection of debts, is either by having the
evidence of debt or claim placed in his
| hands for collection according to law, OF
| having directed to him an execution com
handing him to make, by levy, the debt
damages, or costs recovered against the
defendant. In this case, authority has
been delegated in neither of these modes,
nor indeed, in any other, by the proper
party, as far rs the transaction has been
disclosed by the record before us.
There being no authority therefore in
the Constable, to receive the money due on
| the judgments, it follows, as necessary
| legal consequence, that the entries made
| and signed by him on the Magistrates
| docket, of satisfaction We're simply multi
| ties: and as it is not alleged or in any man
ner shown that the plaintiff in the judg
ments has received the money, Or any par:
of it, that was paid over to the Constable,
the injunction restraining the executions on
the judgments was very properly dissolved
| and the order appealed from will therefore
| be affirmed. Order Affirmed.
True copy test;
JAMES S. FRANKLIN, Clerk,
Court of Appeals, of Nd.