Legal Opinion

Horn v. Buck

Court of Appeals of Maryland

Decided March 26, 1878PublishedCited by 8 opinions

Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — The plaintiff offered two prayers, as follows: 1. That if the jury shall find from the evidence that the plaintiff purchased from the defendant the mare mentioned in the declaration in this case, and that at the time of the said purchase the defendant warranted the said mare to be sound; and they shall further find that at the time of said purchase and sale, the said mare was…

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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — The plaintiff offered two prayers, as follows: 1. That if the jury shall find from the evidence that the plaintiff purchased from the defendant the mare mentioned in the declaration in this case, and that at the time of the said purchase the defendant warranted the said mare to be sound; and they shall further find that at the time of said purchase and sale, the said mare was unsound, and that the plaintiff paid the full amount of the purchase money for the said mare to the defendant, and that…

1Opinion of the CourtBartol, C. J.

In this case the verdict was rendered in favor of the appellee, plaintiff below, on the 21st day of April 1877, and judgment entered thereon the same day ; on the 25th *367day of the same month the defendant appealed. During the trial one exception was taken by the appellant to the ruling of the Court on the prayers, and the hill of exceptions was signed on the 2th day of July 1877. The appellee contends that this was too late; — that the bill of exception's cannot be considered by this Court, and for that reason has moved to dismiss the appeal.

It appears from the record, and the proof taken on…

2Cases cited2 opinions

  1. Franklin & Armfield v. LongCourt of Appeals of Maryland · 1836
  2. Lane v. LantzCourt of Appeals of Maryland · 1867

3Cited by8 opinions

  1. United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
  2. White Automobile Co. v. DorseyCourt of Appeals of Maryland · 1913
  3. Carter v. Maryland & Pennsylvania RailroadCourt of Appeals of Maryland · 1910
  4. James Clark Distilling Co. v. Mayor of CumberlandCourt of Appeals of Maryland · 1902
  5. Greer v. WhalenCourt of Appeals of Maryland · 1915

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