Mitchell v. Sellman
Court of Appeals of Maryland
Appeal from the Circuit Court of Charles county. Assumpsit by the appellee against the appellant. The counts in the declaration, and the circumstances under which the pleas were filed, are fully stated in the opinion of this court. The third and fourth pleas, general demurrers to which were sustained, are in substance as follows: 3rd.
Read the full summary
Appeal from the Circuit Court of Charles county. Assumpsit by the appellee against the appellant. The counts in the declaration, and the circumstances under which the pleas were filed, are fully stated in the opinion of this court. The third and fourth pleas, general demurrers to which were sustained, are in substance as follows: 3rd. And for further plea in this behalf, the defendant says, that prior to the execution of the said promissory note, the plaintiff, with Crook and Musgrove, rented of defendant a fishing shore in Charles. county for four years, and took possession thereof; and that…
1Opinion of the CourtTuck, J.
The appellee sued the appellant in assumpsit, on ¡he 2nd May 1850. He declared upon, a promissory note of the defendant, to him as payee, dated January 15, 1846, payable at four months, for $S94. The declaration also contained the money counts, and an insimui computassent. The defen. dant appeared at July term, 1851, the first after the process was served, which commenced on the 21st July, and at that term he filed four pleas which are set out in the record, and also notices of accounts in bar. These notices and the second plea were afterwards withdrawn. The plaintiff joined issue on the…
2Cases cited7 opinions
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Frey v. KirkCourt of Appeals of Maryland · 1832
- Walkup v. PrattCourt of Appeals of Maryland · 1820
- Gardiner v. MilesCourt of Appeals of Maryland · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Aetna Casualty & Surety Co. v. AbbottCourt of Appeals for the Fourth Circuit · 1942
- Bannon v. WarfieldCourt of Appeals of Maryland · 1875
- Buck v. St. Louis Union Trust Co.Supreme Court of Missouri · 1916
- Buie v. KennedySupreme Court of North Carolina · 1913
- Donnally v. Montgomery County Welfare BoardCourt of Appeals of Maryland · 2001
14 more not listed; retrieve them via the Exa API.