Baltimore & Ohio Rail Road v. Clark
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. This was an attachment on loarrant, issued out of the Superior Court of Baltimore city, to recover §1,244,13, alleged to be due from Crowley and Phillips to Clark, and was laid in the hands of the garnishees, who were admitted to have' had funds sufficient to pay the debt.
Read the full summary
Appeal from the Superior Court of Baltimore city. This was an attachment on loarrant, issued out of the Superior Court of Baltimore city, to recover §1,244,13, alleged to be due from Crowley and Phillips to Clark, and was laid in the hands of the garnishees, who were admitted to have' had funds sufficient to pay the debt. The garnishees pleaded non assumpsit and limitations on behalf of the defendant, and nulla bona for themselves, and there were agreements in the cause by which the discharge of the defendant under the insolvent laws might be given in evidence as ■though pleaded, and that the…
1Opinion of the Court
Bowie, C. J.,
delivered tiro opinion of this Court:
The appeal in this caso is taken from the ruling of the Court below, admitting tho deposition and testimony of Frederick C. Crowley, a witness examined on the part of the plaintiff, under the circumstances sot out in the first and second hills of exceptions; and from the refusal of the Court to grant the defendant’s first and fourth prayers, and the qualification of the fourth prayer by the Court, entitled “plaintiff’s prayer.”
The questions on the exceptions going only to the admissibility of the testimony, and those arising on the refusal and…
2Cases cited1 opinion
- McNair v. GilbertNew York Supreme Court · 1829
3Cited by4 opinions
- Highfield Water Co. v. Public Service CommissionDistrict Court, D. Maryland · 1980
- Knight v. HouseCourt of Appeals of Maryland · 1868
- Public Service Commission v. Highfield Water Co.Court of Appeals of Maryland · 1982
- Webster v. Le CompteCourt of Appeals of Maryland · 1891