Mountz and Others v. Hodgson and Thompson

• Citation: 2 L.Ed. 635,8 U.S. 324,4 Cranch 324
• Parties: MOUNTZ AND OTHERS v. HODGSON AND THOMPSON
• Decision Date: 01 February 1808
• Court: United States Supreme Court

8 U.S. 324

4 Cranch 324

2 L.Ed. 635

MOUNTZ AND OTHERS v. HODGSON AND THOMPSON.

February Term, 1808

THIS was a writ of error to a supposed judgment of the circuit court of the district of Columbia, for the county of Washington, between Hodgson and Thompson, plaintiffs, and Jacob Mountz, John Mountz and Henry Knowles, defendants.

Hodgson and Thompson had recovered judgment in the court below, at December term, 1805, against Jacob Mountz and George Reintzel. By the act of assembly of Maryland, 1791. c. 67. entitled 'an act for regulating the mode of staying execution, and for repealing the acts of assembly therein mentioned,' it is enacted, that no execution shall issue upon any judgment, provided the person or persons against whom such judgment is obtained, shall come before two justices of the peace of the county, where such person or persons shall reside, within two months after the rendition of such judgment, and together with two other persons, such as the said justices shall approve of, and confess judgment for his debt and costs of suit adjudged, with stay of execution for six months thereafter; which confession shall be made in manner and form following, that is to say 'you H. M. A. B. and C. D. do confess judgment to E. F.' &c. which confession shall be signed by the

justices before whom the same is made, and a certificate thereof shall be procured under the hands of the said justices, and such certificate shall be a sufficient supersedeas to the sheriff to forbear serving execution upon the body or goods of the person so obtaining such certificate. And it is further enacted, that the justices shall return the confession of judgment to the clerk of the court, where the first judgment was rendered, by the next court in course, to be entered on record; and after the expiration of the time limited in such confession, it shall be lawful to take out execution thereon, without a scire facias or any other delay, against either the principal or the security, or all or either of them for such judgment so confessed.

According to the provisions of this act, the original defendant jacob Mountz (without his co-defendant George Reintzel) went before John Ott and Daniel Reintzel, and, together with Henry Knowles and John Mountz, his sureties, confessed judgment to Hodgson and Thompson, in the form prescribed by the act of assembly. John Ott was admitted to be a justice of peace of the county of Washington, but Daniel Reintzel signed his name as Mayor...