Bryan v. Coursey ex rel. De Coursey
Court of Appeals of Maryland
Appeal from Queen Anne’s county court. This was an action of assumpsit by the appellee (the plaintiff below,) against the appellant (the defendant below,) to recover a sum of money due on account, &c. The account on which the plaintiff claimed was filed with the nar.
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Appeal from Queen Anne’s county court. This was an action of assumpsit by the appellee (the plaintiff below,) against the appellant (the defendant below,) to recover a sum of money due on account, &c. The account on which the plaintiff claimed was filed with the nar. The pleas were non assumpsit and limitations. 1st Exception, When the cause was reached on the peremptory call of the docket, the defendant, before a jury was drawn, asked for a continuance on the ground of the absence of Solomon Scott, one of his witnesses, and was about to make affidavit, in form, of the materiality of said…
1Opinion of the CourtTuck, J.
Our attention is confined to the first exception, the others having been abandoned. From this it appears that when the cause was called for trial, the defendant’s counsel claimed a continuance in consequence of the absence of a material witness. The plaintiff’s attorney waived a formal affidavit, and offered to receive instead, the defendant’s oral statement on oath, of what he expected his witness to prove, and proceeded, with the permission of the court, and after objection made by the defendant’s counsel, to propound interrogatories to the defendant as to what he expected to prove by the…
2Cases cited2 opinions
- Duvall v. PeachCourt of Appeals of Maryland · 1843
- Thomas v. CatheralCourt of Appeals of Maryland · 1832
3Cited by4 opinions
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- Duck v. Quality Custom Homes, Inc.Court of Appeals of Maryland · 1966
- AB CORPORATION v. FutrovskyCourt of Appeals of Maryland · 1970
- Cross v. HallCourt of Appeals of Maryland · 1853