Legal Opinion

Myers v. Smith

Court of Appeals of Maryland

Decided May 24, 1867PublishedCited by 4 opinions

Appeal from the Circuit Court for Frederick County. In the trial of this case below, the following exceptions were taken by the appellant: Isi Exception: The plaintiffs proved by James M. Harding, that he was present on an occasion when the plaintiffs and defendant were together, and then asked witness whether he saw money paid by the plaintiffs to defendant; the defendant here interposed and asked witness whether the money which he saw paid, if any such thing occurred, was…

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Appeal from the Circuit Court for Frederick County. In the trial of this case below, the following exceptions were taken by the appellant: Isi Exception: The plaintiffs proved by James M. Harding, that he was present on an occasion when the plaintiffs and defendant were together, and then asked witness whether he saw money paid by the plaintiffs to defendant; the defendant here interposed and asked witness whether the money which he saw paid, if any such thing occurred, was paid on account of or in pursuance of a written contract between the plaintiffs and defendant, but the plaintiffs…

1Opinion of the CourtBartou, J.

This suit was instituted hy the appellees. The declaration contains the common money counts, and issues were joined on the pleas “that the defendant was never indebted as alleged” and “never promised as alleged.’ *108In the course of the trial helow, the appellant took nine bills of exceptions, seven of them to the ruling of the Circuit Court on questions of evidence; the eighth to the granting of two prayers of the appellees and the rejection of one offered by the appellant; and the ninth to the rejection of seventeen prayers offered by the appellant.

In disposing of this appeal it will not be…

2Cases cited7 opinions

  1. Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
  2. Buckey v. SnoufferCourt of Appeals of Maryland · 1856
  3. Dorsey v. SmithCourt of Appeals of Maryland · 1826
  4. Dewitt v. EldredSupreme Court of Pennsylvania · 1842
  5. Turner v. EgertonCourt of Appeals of Maryland · 1829

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Rucker v. Harford CountyCourt of Appeals of Maryland · 1989
  2. Jefferson v. JonesCourt of Appeals of Maryland · 1979
  3. Central Railroad v. WhiteheadSupreme Court of Georgia · 1885
  4. Park Circle Motor Co. v. WillisCourt of Appeals of Maryland · 2001

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