Jacobs v. Davis
Court of Appeals of Maryland
Appeal from the Circuit Court for Worcester County. The facts of the ease are sufficiently stated in the opinion of the Court. At the trial of the cause below, the defendant took four exceptions to the rulings of the Court in relation to the admissibility of testimony.
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Appeal from the Circuit Court for Worcester County. The facts of the ease are sufficiently stated in the opinion of the Court. At the trial of the cause below, the defendant took four exceptions to the rulings of the Court in relation to the admissibility of testimony. First Exception: The plaintiiT having offered evidence of the damage done his lands by the water flowing down the ditches cut by the defendant, and having offered evidence as to the general tendency of the water in the swamp above his land, the defendant offered evidence of an agreement, under seal, made by the plaintiff and…
1Opinion of the CourtGrason, J.
This was an action of covenant instituted by the appellee against the appellant, and the agreement between the parties thereto was set out in the narr. A demurrer was filed to the narr. and three causes of demurrer were assigned in the argument; first, that the covenant was joint, second, that the breach was not sufficiently assigned in the second count, and third that the covenant not to allow the owner of Gum’s, land to drain that land through the ditches mentioned in the agreement, is against public policy. It appears on the record that the appellant had obtained, from the proper Court in…
2Cases cited6 opinions
- Wallis v. DilleyCourt of Appeals of Maryland · 1854
- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Kent v. HollidayCourt of Appeals of Maryland · 1861
- Wright v. PostSupreme Court of Connecticut · 1819
- Armstrong v. RobinsonCourt of Appeals of Maryland · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boyd v. KienzleCourt of Appeals of Maryland · 1877
- Furstenburg v. FawsettCourt of Appeals of Maryland · 1884
- Groh v. SouthCourt of Appeals of Maryland · 1913