Legal Opinion

Ecker v. McAllister

Court of Appeals of Maryland

Decided July 1, 1880PublishedCited by 6 opinions

Appeal from the Circuit Court for Frederick County. For a statement of the nature of this case reference may he had to the same case in 45 Md., 290. At the trial the plaintiff took one exception, viz., to the ruling of the Court (Lynch, J.,) in rejecting certain of his prayers and in granting certain of those of the defendant. The defendant took six exceptions. The first, second and third exceptions are stated in the opinion of the Court.

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Appeal from the Circuit Court for Frederick County. For a statement of the nature of this case reference may he had to the same case in 45 Md., 290. At the trial the plaintiff took one exception, viz., to the ruling of the Court (Lynch, J.,) in rejecting certain of his prayers and in granting certain of those of the defendant. The defendant took six exceptions. The first, second and third exceptions are stated in the opinion of the Court. The fourth and fifth exceptions were abandoned at the argument of the case. Defendant’s Sixth Exception.—The plaintiff offered eleven prayers, the first and…

1Opinion of the CourtGrason, J.

This case was before this Court at the April term, 18Í6, when the judgment was reversed and a new trial awarded. See 45 Md., 290. It was again tried in the Circuit Court for Frederick County, and, the judgment being for the plaintiff, the defendant has again appealed.

The first exception of the defendant is taken to the ruling of the Circuit Oourt in refusing to permit to be introduced the evidence of Jacob S. Bohn, taken and returned under a commission to James W. Collins, of Pennsylvania, for the purpose of contradicting said Jacob S. Bohn, who was orally examined as a witness for the…

2Cases cited4 opinions

  1. Hartle v. StahlCourt of Appeals of Maryland · 1867
  2. Stoddard v. MixSupreme Court of Connecticut · 1840
  3. Ecker v. McAllisterCourt of Appeals of Maryland · 1876
  4. Busby v. ConowayCourt of Appeals of Maryland · 1855

3Cited by6 opinions

  1. Mayor of Baltimore v. State Ex Rel. BiggsCourt of Appeals of Maryland · 1918
  2. Herrick v. SwomleyCourt of Appeals of Maryland · 1881
  3. Dipaula v. GreenCourt of Appeals of Maryland · 1911
  4. Harrod v. StateCourt of Special Appeals of Maryland · 1978
  5. Freedman v. YoeCourt of Appeals of Maryland · 1922

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