Andre v. Bodman
Court of Appeals of Maryland
Appeal from the Court of Commoa Pleas. Assumpsit brought on the 12th of May 1855, by the appellant against the appellee, for work done and materials furnished by the plaintiff to the defendant. Plea, non assumpsit. lsi Exception.
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Appeal from the Court of Commoa Pleas. Assumpsit brought on the 12th of May 1855, by the appellant against the appellee, for work done and materials furnished by the plaintiff to the defendant. Plea, non assumpsit. lsi Exception. The plaintiff, to support the issue on his part, called Justus H. Weber, as a witness, and his testimony being taken subject to all legal exception, he testified, that during the fall and winter of 1854, and January, February and March 1855, the plaintiff had performed certain work, under the written contract produced and proven, as a painter and glazier, and had…
1Opinion of the CourtTuck, J.
The first exception was taken by the plaintiff, to the exchi*251Sion of the testimony of Justus H. Weber, who was examined in his behalf, subject to exceptions on the part of the defend - ant, and who was objected to as incompetent, on the ground of interest, after all the testimony in the cause had been received. The appellant contends, that it was then too late to object. As a general rule, a party should except to testimony as soon as he is made aware of the witness’ incompetency, and where the counsel, at the trial, has in his possession the proof of his interest, he ought not to allow the…
2Cases cited13 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Coates v. SangstonCourt of Appeals of Maryland · 1853
- Roloson v. CarsonCourt of Appeals of Maryland · 1855
- Elder v. WarfieldCourt of Appeals of Maryland · 1826
- Funk's Lessee v. KincaidCourt of Appeals of Maryland · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Small v. SchaeferCourt of Appeals of Maryland · 1866
- United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
- Carter v. Maryland & Pennsylvania RailroadCourt of Appeals of Maryland · 1910
- Groshon v. ThomasCourt of Appeals of Maryland · 1863
7 more not listed; retrieve them via the Exa API.