Barton Coal Co. v. Cox
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The nature of the case, together with the first, third and fourth exceptions of the defendant, are stated in the opinion of the Court; the other exceptions of the defendant are as follows : Second Exception: After the plaintiffs had concluded their evidence and rested their case, the defendant called Dr. Samuel P. Smith, and by him proved that he acted as the agent of John A. Smith, deceased, in his life-time, and for his…
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Appeal from the Circuit Court for Washington County. The nature of the case, together with the first, third and fourth exceptions of the defendant, are stated in the opinion of the Court; the other exceptions of the defendant are as follows : Second Exception: After the plaintiffs had concluded their evidence and rested their case, the defendant called Dr. Samuel P. Smith, and by him proved that he acted as the agent of John A. Smith, deceased, in his life-time, and for his widow since his death, in respect to lands mentioned in the declaration in this case, and that from time to time, as in…
1Opinion of the CourtBowie, J.
It appears from the record, that the suit in which this appeal is taken, was instituted originally, by John A. Smith, John S. Coombs, and Edward Hoye, against The Barton Coal Company, the appellant.
The declaration was filed in the names of the co-plaintiffs, containing three counts, which, as far as the distinctive forms of action can be recognized in our present system of pleading, may bo designated as trespass quare clausum fregit, ei, de bonis asportatis combined.
The first count, is a general one, charging that the defendant, broke and entered the locus in quo and mined, dug, excavated,…
2Cases cited6 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Forsyth v. WellsSupreme Court of Pennsylvania · 1862
- Ridgely v. BondCourt of Appeals of Maryland · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Ellerin v. Fairfax SavingsCourt of Appeals of Maryland · 1995
- Baltimore Gas & Electric Co. v. FlippoCourt of Appeals of Maryland · 1998
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
32 more not listed; retrieve them via the Exa API.