Higdon v. Stewart
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles county. Assumpsit, brought on the 19th of March 1859, by the appellee against the appellant. Pleas, non assumpsit, payment and limitations. At the trial three exceptions were taken, the first by the plaintiff, and the second and- third by the defendants. 1st Exception.
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Appeal from the Circuit Court for Charles county. Assumpsit, brought on the 19th of March 1859, by the appellee against the appellant. Pleas, non assumpsit, payment and limitations. At the trial three exceptions were taken, the first by the plaintiff, and the second and- third by the defendants. 1st Exception. The plaintiff proved that he was sheriff of Charles county, and acting as such in the years 1846, 1847, 1848, and that Higdon, the defendants’ intestate, was acting; as his deputy; that during those years, and up to 1851, inclusive, Higdon, as his deputy aforesaid, had received and…
1Opinion of the CourtTuck, J.
The defendants’ first exception presents the question, whether the evidence of Day was sufficient to remove the bar of the statute of limitations? Upon a careful re-examination of the cases so often reviewed in this court, we are of opinion that the point ought to have been decided with the defendants below.
What passed in the presence of witness, between Higdon and Stone, and the subsequent remarks of Higdon to Day himself, must be treated as portions of the same conversation or transaction; and, indeed, if taken separately, the result would not be different. Whether they were sufficient for *111S…
2Cases cited3 opinions
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
- Frey v. KirkCourt of Appeals of Maryland · 1832
3Cited by7 opinions
- Dawson v. KingCourt of Appeals of Maryland · 1864
- Brown v. HebbCourt of Appeals of Maryland · 1934
- Hall v. BarlowCourt of Appeals of Maryland · 1971
- Doughty v. BayneCourt of Appeals of Maryland · 1960
- Brosius Development Corp. v. City of HagerstownCourt of Appeals of Maryland · 1965
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