Legal Opinion

Green v. Hamilton

Court of Appeals of Maryland

Decided June 29, 1860PublishedCited by 38 opinions

Appeal from the Superior Court of Baltimore City. Trover, brought on the 10th of April 1856, by the appellant, against the appellee, to recover damages for an alleged wrongful conversion, by the defendant, of certain goods, consisting of sundry pieces of silks, satins, Two commissions were then issued to take testimony in Philadelphia, the first, on the 28th of September 1857, to William Ogle, Esq., and the second, on the 23rd of October 1857, to J. Henry Bryan, Esq., of…

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Appeal from the Superior Court of Baltimore City. Trover, brought on the 10th of April 1856, by the appellant, against the appellee, to recover damages for an alleged wrongful conversion, by the defendant, of certain goods, consisting of sundry pieces of silks, satins, Two commissions were then issued to take testimony in Philadelphia, the first, on the 28th of September 1857, to William Ogle, Esq., and the second, on the 23rd of October 1857, to J. Henry Bryan, Esq., of that city. The facts proved under these commissions are substantially these: The plaintiff was a dry-goods merchant in…

1Opinion of the CourtTuck, J.

In this case a judgment, for want of a plea, was entered against the present appellee — the defendant below — in January 1857. On the 14th of December following, an inquisition was taken and damages assessed to the plaintiff, on which a final judgment was rendered, and a writ of fi. fa. issued in January 1858, returnable to May court of that year, which writ is outstanding.

During May term 1858, the defendant moved the court to strike out the final judgment, for “fraud, deceit, surprise and irregularity,” which motion the plaintiff answered, and the court struck out the judgment and…

2Cases cited11 opinions

  1. Boteler v. State ex rel. Creditors Chew & Co.Court of Appeals of Maryland · 1835
  2. Baldwin ex rel. Owens v. WrightCourt of Appeals of Maryland · 1845
  3. Hollingsworth's Adm'x. v. FloydCourt of Appeals of Maryland · 1827
  4. Oliver v. Palmer & HamiltonCourt of Appeals of Maryland · 1840
  5. Munnikuyson's Adm'x. v. Dorsett's Adm'x.Court of Appeals of Maryland · 1828

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3Cited by38 opinions

  1. Williams v. Snyder, Adm'rCourt of Appeals of Maryland · 2001
  2. Hazlehurst v. MorrisCourt of Appeals of Maryland · 1868
  3. Smith v. GoodmanIllinois Supreme Court · 1893
  4. Braden v. ReitzenbergerWest Virginia Supreme Court · 1881
  5. Millison v. Ades of Lexington, Inc.Court of Appeals of Maryland · 1971

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