Wall's Ex'x. v. Wall
Court of Appeals of Maryland
Appeal from Prince-George’s County Court. This was an action of debt on a bond for the payment of money. The defendant below, (the now appellee,) pleaded payment, and also the act of limitations, in the manner hereinafter stated.
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Appeal from Prince-George’s County Court. This was an action of debt on a bond for the payment of money. The defendant below, (the now appellee,) pleaded payment, and also the act of limitations, in the manner hereinafter stated. At the trial it appeared that the plea of limitations, upon which the defendant wished to rely, had not been actually filed in the cause, but only in a preceding cause against the executors of tbe principal in the bond, in the declaration mentioned* (the said bond being joint and several, and several suits having been instituted thereon,) with instructions on the…
1Opinion of the CourtArcher, J.
The plea of limitations has been adjudged not to he a plea to the merits; and the universal practice has accordingly been, never to permit it to be amended, and to demand that it should be filed by the rule day. It has newer been received, unless by consent of the parties, by a mere docket entry of the plea, or otherwise than at length. The rules which govern the practice of the court of Pt'ince-George’s county, are not made part of the record; yet it is apparent from the bill of exceptions, and the opinion of the court therein expressed, that the plea is required in that court to be filed at…
2Cited by8 opinions
- Buck v. Cam's Broadloom Rugs, Inc.Court of Appeals of Maryland · 1992
- Merritt v. StateCourt of Appeals of Maryland · 2001
- Hughes v. JacksonCourt of Appeals of Maryland · 1858
- Owen v. FreemanCourt of Appeals of Maryland · 1977
- Isley v. StateCourt of Special Appeals of Maryland · 2000
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