Osceola Tribe, No. 11 v. Rost
Court of Appeals of Maryland
Appeal from the Court of 'Common Pleas. Assumpsit, brought on the 10th of December 1855, by George Rost, the appellee’s intestate, against the appellant., a beneficial societ}'', incorporated under the Act of 1852, ch. 231, to recover benefits alleged to be due him by the society of which he was a member. The plaintiff received a verdict and judgment for $91, and the defendant appealed.
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Appeal from the Court of 'Common Pleas. Assumpsit, brought on the 10th of December 1855, by George Rost, the appellee’s intestate, against the appellant., a beneficial societ}'', incorporated under the Act of 1852, ch. 231, to recover benefits alleged to be due him by the society of which he was a member. The plaintiff received a verdict and judgment for $91, and the defendant appealed. In the course of the trial the defendant excepted to the refusal of the court (Marshall, J.) to grant its second prayer, which is stated in the opinion of this court. As the decision is based entirely upon a…
1Opinion of the CourtEccleston, J.
In this action of assumpsit, in the Court of Common Pleas for Baltimore city, the plaintiff recovered a verdict and judgment for $91, against the defendant, the present appellant.
At the (rial below, the defendant submitted two prayers; the first of which was granted, and the second refused. Unless there was error iu this refusal, there is no ground for a reversal of the judgment on this appeal.
The first prayer asked the court to instruct the jury that if *296they should find, from the evidence, that George Rost, the plaintiff’s intestate, was before and at the time of his initiation as a member…
2Cases cited4 opinions
- Marshall v. HaneyCourt of Appeals of Maryland · 1853
- Belt v. MarriottCourt of Appeals of Maryland · 1850
- Stewart v. SpeddenCourt of Appeals of Maryland · 1853
- Gault v. OwingsCourt of Appeals of Maryland · 1847
3Cited by2 opinions
- Dubcich v. Grand Lodge Ancient Order of United WorkmenWashington Supreme Court · 1903
- Cecil Bank v. BarryCourt of Appeals of Maryland · 1863