Heffner v. Lynch
Court of Appeals of Maryland
Appeal from tlio Circuit Court for Washington County ; This was an action of ansumpsil brought by the appellant against tho appellee, on the 1.1th. of June 1860. The facts of the case &re sufficiently stated in the opinion of this Court. The judgment in this case was Iriíerlocútory in its character, and such “whereby the right of the plaintiff was established, but the damages sustained by him” could not be ascertained without the intervention of a jury.
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Appeal from tlio Circuit Court for Washington County ; This was an action of ansumpsil brought by the appellant against tho appellee, on the 1.1th. of June 1860. The facts of the case &re sufficiently stated in the opinion of this Court. The judgment in this case was Iriíerlocútory in its character, and such “whereby the right of the plaintiff was established, but the damages sustained by him” could not be ascertained without the intervention of a jury. Act of 1794, ch. 46, sec. 2. By the failure to plead, and permitting the judgment to be entered by default, the defendant admitted tho…
1Opinion of the CourtCochran, J.
In this case a judgment was entered against the appellee in default of a plea. At the next succeeding term an inquisition was had, and the amount of the appellant’s damages ascertained to be $33.32, upon which the appellee moved for a non pros., on the ground that the Court liad no jurisdiction to enter a final judgment for the amount-found to be due, which was granted. The case shown by the record therefore presents the single question, whether the judgment by default was so far final as to conclude’the appellee of the right to deny the jurisdiction of the Court, after the inquisition of the…
2Cases cited1 opinion
- Green v. HamiltonCourt of Appeals of Maryland · 1860
3Cited by4 opinions
- Maggin v. StevensCourt of Appeals of Maryland · 1972
- Murray v. HurstCourt of Appeals of Maryland · 1932
- J. C. Penney Co. v. HarkerCourt of Special Appeals of Maryland · 1974
- Cooper v. RocheCourt of Appeals of Maryland · 1872