Legal Opinion

Tyler v. Murray

Court of Appeals of Maryland

Decided January 19, 1882PublishedCited by 22 opinions

Appeal from the Circuit Court for Howard County, on removal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exceptions.- — At the trial seven exceptions were taken. The substance of the first, second, third and fourth exceptions, is stated in the opinion.

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Appeal from the Circuit Court for Howard County, on removal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exceptions.- — At the trial seven exceptions were taken. The substance of the first, second, third and fourth exceptions, is stated in the opinion. In the present aspect of this case, it is not necessary to.set forth the fifth and sixth exceptions ; the seventh is as follows: The evidence on both sides being closed, the plaintiff offered four prayers: 1. That if the jury find from the evidence that the defendant, in the month of May, in the year 1877, and…

1Opinion of the CourtIrving, J.

The appellee sued the appellant in the Court of Common Pleas, Baltimore City, for assault and battery; alleging, in a single count, in her narr. that “ the defendant on divers days and times assaulted and beat the plaintiff, whereby she was greatly damaged.” On the return of the writ the appellant in his proper person pleaded, “ that he inhabited, dwelt and resided in Baltimore County, and that there had been no non est returned on a summons *435issued in said Baltimore County against him.” To this a replication was filed by the plaintiff, first, directly traversing the facts alleged in the plea,…

2Cases cited7 opinions

  1. Gittings v. State ex rel. OckermeCourt of Appeals of Maryland · 1871
  2. Dorsey v. KyleCourt of Appeals of Maryland · 1869
  3. Cherry v. BakerCourt of Appeals of Maryland · 1861
  4. Morrison v. WeltyCourt of Appeals of Maryland · 1862
  5. State ex rel. Ockerme v. GittingsCourt of Appeals of Maryland · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Clay v. StateCourt of Appeals of Maryland · 1957
  2. Hayes v. Kentucky Joint Stock Land BankOhio Supreme Court · 1932
  3. Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
  4. Gambrill v. SchooleyCourt of Appeals of Maryland · 1902
  5. Baptist Foundation of Texas v. BuchananCourt of Appeals of Texas · 1956

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