Edelen v. Gough
Court of Appeals of Maryland
Appeal from Saint Mary's county court. This was an action of debt brought by the appellee against the appellant, on the 19th of February, 1845, upon her single bill for $406.46- The plea was non est factum, upon which issue was joined. Upon the first tidal of this case, there was an appeal taken by the defendant, which is reported in 5 Gill, 103. This court, upon that appeal, reversed the judgment of the court below, and awarded a procedendo.
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Appeal from Saint Mary's county court. This was an action of debt brought by the appellee against the appellant, on the 19th of February, 1845, upon her single bill for $406.46- The plea was non est factum, upon which issue was joined. Upon the first tidal of this case, there was an appeal taken by the defendant, which is reported in 5 Gill, 103. This court, upon that appeal, reversed the judgment of the court below, and awarded a procedendo. At the trial under this writ, there was the same plea and issue; but before any juror was sworn, the defendant moved the court, as preliminary to such…
1Opinion of the CourtMartin, J.
It appears from the record in this case, that at the trial of the cause below, the defendant, before any juror had been sworn, and after he had stricken four names from the panel delivered to him, moved the court that the several jurors, before they were sworn to try the issue, should be asked whether they had formed and expressed an opinion as to the merits of the case; *90and the court overruled the motion, upon the ground that the defendant had previously stricken four names from the panel.
We think the court erred in overruling the motion of the defendant. No objection was interposed by the…
2Cases cited1 opinion
- Edelen v. GoughCourt of Appeals of Maryland · 1847
3Cited by3 opinions
- State Ex Rel. Miller v. WelshCourt of Appeals of Maryland · 1931
- Jones v. StateCourt of Appeals of Maryland · 1944
- Bundy v. StateCourt of Special Appeals of Maryland · 1993