Legal Opinion

Tongue v. Nutwell

Court of Appeals of Maryland

Decided July 2, 1869PublishedCited by 11 opinions

Appeal from the Circuit Court for Anne Arundel County. The facts of this case are sufficiently stated in the opinion of the Court. On the trial of the issues in this case, under the instructions of the Court, a verdict was rendered for the defendant on all the issues. The plaintiff reserved five exceptions. First exception. — The plaintiff claimed mesne profits from the 1st day of May, 1854, the date of the demise, to the day of the commencement of this action.

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Appeal from the Circuit Court for Anne Arundel County. The facts of this case are sufficiently stated in the opinion of the Court. On the trial of the issues in this case, under the instructions of the Court, a verdict was rendered for the defendant on all the issues. The plaintiff reserved five exceptions. First exception. — The plaintiff claimed mesne profits from the 1st day of May, 1854, the date of the demise, to the day of the commencement of this action. The Court, on objection made by the defendant, excluded all evidence of the value of rents and profits, for any period prior to the…

1Opinion of the CourtBartol, C. J.

This is an action for mesne profits, instituted by the appellant, on the 17th day of October, 1863, alleging the trespass to have been committed on the 1st of May, 1854, and continued till the 15th of May, 1863.

' The appellee, defendant below, pleaded seven pleas, substantially as follows:

1st and 2d. Not guilty.

' 3d. Not guilty at any time within three years before the commencement of this suit.

4th and 5th. That the alleged cause of action did not accrue within three years before the commencement of this suit.

6th. To this plea there was a demurrer, which was ruled good, and no question is…

2Cases cited6 opinions

  1. Hare v. FurySupreme Court of Pennsylvania · 1800
  2. Green v. StoneGeneral Court of Virginia · 1803
  3. Hylton v. BrownU.S. Circuit Court for the District of Pennsylvania · 1808
  4. Mitchell v. MitchellCourt of Appeals of Maryland · 1856
  5. Ewalt v. GraySupreme Court of Pennsylvania · 1837

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Davenport v. KleinschmidtMontana Supreme Court · 1887
  2. Hogan v. McMahonCourt of Appeals of Maryland · 1911
  3. Medcalfe v. Brooklyn Life InsuranceCourt of Appeals of Maryland · 1876
  4. Martin v. Spaulding Et Ux.Supreme Court of Oklahoma · 1913
  5. Stanley v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924

6 more not listed; retrieve them via the Exa API.

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