Shafer v. Stonebraker
Court of Appeals of Maryland
Appeal from Washington County Court. This was an Action on the case, instituted by the appellee, against the appellant, 3d November, 1829. The declaration averred, that whereas the said Gerard, on the -10th September, 1827, and long before, was, and from thence hitherto hath been, and still is, lawfully seized and possessed of a certain close, on which is erected a mill for the sawing of timber, and carding of wool, with the appurtenances situate, &c. and in which said mill…
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Appeal from Washington County Court. This was an Action on the case, instituted by the appellee, against the appellant, 3d November, 1829. The declaration averred, that whereas the said Gerard, on the -10th September, 1827, and long before, was, and from thence hitherto hath been, and still is, lawfully seized and possessed of a certain close, on which is erected a mill for the sawing of timber, and carding of wool, with the appurtenances situate, &c. and in which said mill and close, he the said Gerard, during all the time aforesaid, used, &c. the trade, and employment of sawing timber, and…
1Opinion of the CourtDorsey, J.
The appellants have insisted, that the judgment of the County Court should be reversed, because, since the act of Assembly of 1763, ch. 23, all special demurrers, say they, are prohibited in Maryland.
If this act of Assembly were now, for the first time, to receive a judicial exposition, it might be a very grave question, whether it were not the intention of the legislature, and whether that intention is not sufficiently expressed, to interdict, altogether, the use of special demurrers. But we do not consider that question as being now open for examination. The practice of sustaining special…
2Cases cited2 opinions
- Thomas v. RumseyNew York Supreme Court · 1810
- Lytle v. Lee & RugglesNew York Supreme Court · 1809
3Cited by9 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Whitehurst v. RogersCourt of Appeals of Maryland · 1873
- Royston v. HornerCourt of Appeals of Maryland · 1892
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Heaver v. LanahanCourt of Appeals of Maryland · 1891
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