Leopard v. Chesapeake & Ohio Canal Co.
Court of Appeals of Maryland
Appeal from Washington County Court. This was an aetion of trespass upon the case, commenced on the 18th February 1841, by the appellant against the appellee.
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Appeal from Washington County Court. This was an aetion of trespass upon the case, commenced on the 18th February 1841, by the appellant against the appellee. The appellant declared, that whereas the plaintiff on, &c., at, &c., long before, was and from thence hitherto hath been, and still is the proprietor and possessed of a water mill for the grinding of rye, &c., of a saw mill for the sawing of boards, &c., which said mills, until the committing of the grievance by the defendant hereinafter mentioned, were of great value to the plaintiff, and yielded and produced him great annual gains and…
1Opinion of the CourtDorsey, J.
The bill of exceptions, on which the present appeal is founded, presented for decision in the court below no question upon the pleadings in the cause. Whether the declaration states facts sufficient, if proved, to enable the appellant to maintain his action, or whether the facts proved sustain the allegations in the declaration? are questions which, in the case before us, under the act of 1825, ch. 117, we are not called on to decide. We are not permitted to affirm or reverse the judgment of the county court, upon any point which is not shown,By the record, to have been there raised and…
2Cited by36 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
- West Virginia Central & Pittsburg R. Co. v. State Ex Rel. FullerCourt of Appeals of Maryland · 1903
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Stockton v. FreyCourt of Appeals of Maryland · 1846
- Chesapeake & Ohio Canal Co. v. County CommissionersCourt of Appeals of Maryland · 1881
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