McKinzie v. Baltimore & Ohio Rail Road
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. At the trial of this cause below, the plaintiff took two exceptions, the first of which is here omitted, as the question presented by it, was deemed by this Court unimportant to either party.
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Appeal from the Circuit Court for Howard County. At the trial of this cause below, the plaintiff took two exceptions, the first of which is here omitted, as the question presented by it, was deemed by this Court unimportant to either party. Second Exception: The plaintiff prayed the Court to instruct the jury as follows: 1st. If they believe from the evidence that Mantz and Byrne, or either of them, had notice of the institution of the action of replevin, in the Circuit Court for "Washington county, by Lewis McKinzie against Israel Russell for pig iron; and that said Russell was but the…
1Opinion of the CourtBrent, J.
This is an action of replevin for a quantity of pig iron, commenced on the 15th of October, 1856, in the Circuit Court for Frederick county, by Louis McKinzie against the Baltimore and Ohio Rail Road Company. On the 17th of the same month, Chai’les Mantz and Michael Byrne, by an *173agreement of all the parties, were permitted to copie in and defend the suit, “ as fully and in the same manner, as if they were defendants named in the writ.” The usual declaration was filed; the pleas were non cepit and property in Mantz and Byrne, and in Mantz. On the first plea the plaintiff joined issue, and to…
2Cases cited3 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Cecil v. CecilCourt of Appeals of Maryland · 1862
- Brooke v. BerryCourt of Appeals of Maryland · 1843
3Cited by26 opinions
- Parr v. State ex rel. CockeyCourt of Appeals of Maryland · 1889
- DeLeon v. SlearCourt of Appeals of Maryland · 1992
- Kutzik v. YoungCourt of Appeals for the Fourth Circuit · 1984
- Bell v. NilesSupreme Court of Florida · 1911
- Williams v. MessickCourt of Appeals of Maryland · 1940
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