Legal Opinion

Spencer v. Patten

Court of Appeals of Maryland

Decided December 3, 1896PublishedCited by 7 opinions

•Appeal from the Circuit Court for Howard County. The amended declaration set forth that the defendants in the year eighteen hundred and ninety-three, and prior to the institution of this suit, did unlawfully, wrongfully, willfully and maliciously break and enter certain lands of the plaintiffs, consisting of two adjoining tracts or parcels of land called “ Shad Island ” and “ Addition to Shad Island,” situated in Harford County, State of Maryland; and the defendants did,…

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•Appeal from the Circuit Court for Howard County. The amended declaration set forth that the defendants in the year eighteen hundred and ninety-three, and prior to the institution of this suit, did unlawfully, wrongfully, willfully and maliciously break and enter certain lands of the plaintiffs, consisting of two adjoining tracts or parcels of land called “ Shad Island ” and “ Addition to Shad Island,” situated in Harford County, State of Maryland; and the defendants did, then and there, unlawfully, wrongfully and maliciously use and occupy the said lands of the plaintiffs by the placing…

1Opinion of the CourtBoyd, J.

The appellees sued the appellants, Philip M. Spencer and Jarrett Spencer, in Harford County, and the case was removed to Howard County. On the 28th day of March, 1896, a jury was sworn in the Circuit Court for the latter county to try the issues joined, and on April 9, 1896, there was a “ motion to amend declaration and to strike out the names of Philip M. Spencer and Jarrett Spencer, two of the defendants, from the writ and all subsequent proceedings in this case.” The next entry appearing on the very imper-*420feet record before us is, “ Same day amended declaration filed as follows ; ” and a…

2Cases cited3 opinions

  1. Keedy v. LongCourt of Appeals of Maryland · 1889
  2. Miller v. MillerCourt of Appeals of Maryland · 1875
  3. Chapman v. DavisCourt of Appeals of Maryland · 1846

3Cited by7 opinions

  1. Miller v. MillerCourt of Appeals of Maryland · 1933
  2. Millison v. Citizens National BankCourt of Appeals of Maryland · 1970
  3. Carroll v. BowenCourt of Appeals of Maryland · 1910
  4. Horner v. PlumleyCourt of Appeals of Maryland · 1903
  5. Waggaman v. NuttCourt of Appeals of Maryland · 1898

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