Loney v. Bailey
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The following is added to the statement of the case as presented in the opinion of the Court. First Exception.
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Appeal from the Superior Court of Baltimore City. The following is added to the statement of the case as presented in the opinion of the Court. First Exception. At the taking of the inquisition, the plaintiffs proved their claim, and admitted that they had received the sum of $892.65 the dividend thereon, allowed in the case of Thomas vs. Loney, et al., in the Circuit Court of Baltimore City; and filed a paper by which it was agreed that the parties might refer in the Court of Appeals to the printed record in the case of Loney vs. Penniman, recently tried in that Court; and read the Exhibits…
1Opinion of the CourtAlvey, J.
This was an action of assumpsit, instituted in the Superior Court of Baltimore City, on the 6th of April, 1872, and the proceedings were conducted under the practice Act of 1864, chapter 6. The action was against a partnership firm, composed of five members, namely, Loney, Neale, Price, Gunn and Thomas, all of whom were .made defendants in the original action.
The first summons against all the defendants, was returnable to the April return day, and was served on Loney, Price and Thomas, and returned non sunt as to Neale and Gunn. Thomas appeared on the return day by attorney. The summons was…
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