Legal Opinion

Barabasz v. Kabat

Court of Appeals of Maryland

Decided June 22, 1897PublishedCited by 11 opinions

Appeal from a judgment of Baltimore City Court (Phelps, J.) At the trial the defendant offered the following prayers: Defendant's 1st Prayer.—If the jury believe from all the evidence that James Gibbons, the Roman Catholic Archbishop of Baltimore, and his successor in the Archiepiscopal See of Baltimore, according to the discipline and government of the Roman Catholic Church, are the owners of the church edifice on Eastern avenue, in the city of Baltimore, known as the Holy…

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Appeal from a judgment of Baltimore City Court (Phelps, J.) At the trial the defendant offered the following prayers: Defendant's 1st Prayer.—If the jury believe from all the evidence that James Gibbons, the Roman Catholic Archbishop of Baltimore, and his successor in the Archiepiscopal See of Baltimore, according to the discipline and government of the Roman Catholic Church, are the owners of the church edifice on Eastern avenue, in the city of Baltimore, known as the Holy Rosary Church, and that by appointment of said Archbishop the defendant, Mieczyslaw Barabasz is the pastor of said…

1Opinion of the CourtBoyd, J.

The appellee sued the appellant and James Gibbons, Roman Catholic Archbishop of Baltimore for the time being, a corporation sole, for an assault and battery on his wife and causing her to be imprisoned, whereby he alleges he lost her services and the comfort of her society and incurred expense for medical attention and medicines. There are two counts in the declaration, the first being for an assault and battery and the second for false imprisonment. It was not pretended at the trial that either of the defendants personally committed the assault or procured the arrest of Mrs. Kabat, but the…

2Cases cited9 opinions

  1. Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
  2. Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
  3. Samuel Kirk & Son v. GarrettCourt of Appeals of Maryland · 1896
  4. Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
  5. Central Railway Co. v. BrewerCourt of Appeals of Maryland · 1894

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3Cited by11 opinions

  1. Evans v. MorsellCourt of Appeals of Maryland · 1978
  2. Sullivan v. SmithCourt of Appeals of Maryland · 1914
  3. Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
  4. Bernheimer Bros. v. BeckerCourt of Appeals of Maryland · 1905
  5. Market Tavern, Inc. v. BowenCourt of Special Appeals of Maryland · 1992

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