Kennerly v. Wilson
Court of Appeals of Maryland
Appeal from Somerset county court. This was an action of trespass, quare clausum fregit, brought by the appellant as executrix of Caleb Kennerly, deceased, to recover damages for injuries to the real estate of the testator, committed in his lifetime. The declaration concluded by alleging damages to the testator in his lifetime, but omitted to allege damage to the executrix.
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Appeal from Somerset county court. This was an action of trespass, quare clausum fregit, brought by the appellant as executrix of Caleb Kennerly, deceased, to recover damages for injuries to the real estate of the testator, committed in his lifetime. The declaration concluded by alleging damages to the testator in his lifetime, but omitted to allege damage to the executrix. The defendant filed a general demurrer, -which the court below sustained, and gave judgment for the defendant, from which judgment the plaintiff appealed. This court sustained the right of the executrix to recover, but…
1Opinion of the CourtMason, J.
We have carefully examined the question involved in the motion for a procedendo in this case, and have come to the conclusion, that we not only possess the power to grant said motion, but that the merits of the case, as disclosed by the record, render it proper that we should do so.
It is true no case has been cited where the power has been exercised by the late Court of Appeals in a case like the one Uow before us, and even cases have been referred to where similar applications have been refused by that court. But it by no means follows from these two circumstances, that no such power has…
2Cited by8 opinions
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- Earnshaw v. Sun Mutual Aid SocietyCourt of Appeals of Maryland · 1888
- State Ex Rel. Bohon v. FeldsteinCourt of Appeals of Maryland · 1994
- State ex rel. Dodson v. Baltimore & Lehigh RailroadCourt of Appeals of Maryland · 1893
- Lester v. HardestyCourt of Appeals of Maryland · 1868
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