Owings ex rel. Owings v. Low
Court of Appeals of Maryland
Appeal from Baltimore County Court. Action of Assumpsit for goods sold and delivered brought by Owings if Piet vs. Low. This ease was decided by the Court of Appeals at June . term, 1826, 7 Harr, and Johns. 124, reversing the judgment of the County Court in favor of the defendant, upon the appeal of the plaintiffs, the present appellants, and sending the case back with a procedendo. 1. Upon the second trial the plaintiffs offered to give in evidence by one Alexander Manro, a…
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Appeal from Baltimore County Court. Action of Assumpsit for goods sold and delivered brought by Owings if Piet vs. Low. This ease was decided by the Court of Appeals at June . term, 1826, 7 Harr, and Johns. 124, reversing the judgment of the County Court in favor of the defendant, upon the appeal of the plaintiffs, the present appellants, and sending the case back with a procedendo. 1. Upon the second trial the plaintiffs offered to give in evidence by one Alexander Manro, a competent witness, that during the years 1818, and a part of 1819, he and one John Dukehart, Jr., were clerks in the…
1Opinion of the Court
Dorset J.,
delivered the opinion of the court.
From the opinion of the County Court in the first bill of exceptions, we do not feel ourselves at liberty to dissent. The testimony given by the witness, except as it relates to his own entries in the day book, was of a character so vague and indefinite, that upon no sound principles of reasoning or inference, could the jury have made it the basis of a verdict for the plaintiffs. The court therefore were right in instructing them, of its legal insufficiency for the purpose for which it was offered. To establish the entries made by Dukehart, it has…
2Cases cited1 opinion
- Frear v. EvertsonNew York Supreme Court · 1822
3Cited by7 opinions
- Kerby v. KerbyCourt of Appeals of Maryland · 1882
- Owens v. StateCourt of Appeals of Maryland · 1887
- Groshon v. ThomasCourt of Appeals of Maryland · 1863
- Römer v. JaeckschCourt of Appeals of Maryland · 1874
- Crawford v. BrookeCourt of Appeals of Maryland · 1846
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