Legal Opinion

O'Reilly v. Murdoch

Court of Appeals of Maryland

Decided June 15, 1843PublishedCited by 4 opinions

Appeal from Anne Arundel County Court. This was an action of trespass upon the case, brought by the appellant against the appellee on the 16th April 1841. The plaintiff declared for that whereas, according to the customs and laws of this State, all innkeepers who keep common inns to entertain travellers, and cattle of travellers, upon the roads where such inns are kept, and who put up at, and set up their horses, &c., in the same, are bound to keep the cattle, goods and…

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Appeal from Anne Arundel County Court. This was an action of trespass upon the case, brought by the appellant against the appellee on the 16th April 1841. The plaintiff declared for that whereas, according to the customs and laws of this State, all innkeepers who keep common inns to entertain travellers, and cattle of travellers, upon the roads where such inns are kept, and who put up at, and set up their horses, &c., in the same, are bound to keep the cattle, goods and chattels of such travellers, both by day and night, being wúthin those inns, without detriment, damage, diminution or loss,…

1Opinion of the CourtStephen, J.

The matter in controversy in this case is of small amount, but the question involved is one of considerable importance in the administration of civil justice. It is a question of jurisdiction, and can only be decided by a careful examination of the various Acts of Assembly conferring power upon single magistrates or justices of the peace, in the recovery of small debts and other matters submitted to their judicial cognizance. The decision of such questions is not free from difficulty, on account of the multiplicity and mutability of the legislation by which our code of laws is characterised…

2Cited by4 opinions

  1. Purvis v. Forrest Street ApartmentsCourt of Appeals of Maryland · 1979
  2. Packard v. KingSupreme Court of Colorado · 1877
  3. Main v. FesslerCourt of Appeals of Maryland · 1899
  4. Bowens v. State Farm Mut. Auto. Ins.Court of Appeals of Maryland · 2025

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