Spencer v. Trafford
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. This suit was instituted in the Circuit Court for Harford County by the appellee against the appellants, to recover damages for discharging him from their employment without cause before the expiration of the term of service agreed on. The case was subsequently removed for trial to the Circuit Court for Cecil County. The declaration contained the common counts in assumpsit and the following special count: 6th.
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Appeal from the Circuit Court for Cecil County. This suit was instituted in the Circuit Court for Harford County by the appellee against the appellants, to recover damages for discharging him from their employment without cause before the expiration of the term of service agreed on. The case was subsequently removed for trial to the Circuit Court for Cecil County. The declaration contained the common counts in assumpsit and the following special count: 6th. Eor that the defendants being the proprietors of a certain manufacturing company known as “ The Deer Creek Iron Works,” employed the said…
1Opinion of the CourtStewart, J.
In reviewing the judgment of the Circuit Court, overruling the defendants’ two demurrers — the one, to the entire declaration of the plaintiff, and the other, to the sixth count thereof; this Court must look to the declaration to see if there has been error in matters of substance, to the prejudice of the defendants.
The Code, Art. 75, secs. 2, 3, 4 and 5, require the plaintiff to make a plain statement of facts, as the ground of his action, and nothing more — the insertion of time is not necessary, except where it forms a part of the cause of action.
The subsequent pleadings on either side,…
2Cases cited8 opinions
- Nicholson v. StateCourt of Appeals of Maryland · 1873
- Adams' Express Co. v. TregoCourt of Appeals of Maryland · 1872
- Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Trasher v. EverhartCourt of Appeals of Maryland · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hiss v. WeikCourt of Appeals of Maryland · 1894
- Gill v. StaylorCourt of Appeals of Maryland · 1901
- Wallace v. SchaubCourt of Appeals of Maryland · 1895
- Roycroft v. NellisCourt of Appeals of Maryland · 1936
- Marx v. MarxCourt of Appeals of Maryland · 1916
16 more not listed; retrieve them via the Exa API.