Spiker v. Nydegger
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This was an action of assumpsit brought by the appellee to recover from the appellant certain money alleged to have been collected by him, as constable, on claims placed in his hands by one Christian Nydegger.
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Appeal from the Circuit Court for Allegany County. This was an action of assumpsit brought by the appellee to recover from the appellant certain money alleged to have been collected by him, as constable, on claims placed in his hands by one Christian Nydegger. Christian Nydegger and William P. Nydegger, held as payees different notes, for different sums of money due from various parties; on the 16th of April, 1858, Christian, for himself, and as agent of William, delivered these notes for collection according to law, to the appellant, who was then a constable in Allegany county. On these…
1Opinion of the CourtStewakt, J.
The first and second exceptions refer to the admissibility of Townshend’s testimony.
In the first the witness in substance testified, that as to the four executions, the originals of which were not produced, he had made “ the entries ” himself, from information communicated by the appellant. The subject of enquiry was not as to the legal effect of the returns of the officer. No matter what the character of the “entries,” if from an examination of them the witness was enabled to testify that the appellant admitted that he had received the money, his testimony could not pro*320perly be excluded,…
2Cases cited3 opinions
- Green v. CaulkCourt of Appeals of Maryland · 1861
- Long v. EakleCourt of Appeals of Maryland · 1853
- Martin v. GoodCourt of Appeals of Maryland · 1859
3Cited by9 opinions
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- Mercantile Trust & Deposit Co. v. RodeCourt of Appeals of Maryland · 1921
- Whitridge v. BarryCourt of Appeals of Maryland · 1875
- Motor Vehicle Security Fund v. All Coverage Underwriters, Inc.Court of Special Appeals of Maryland · 1974
- Petals Factory Outlet of Delaware, Inc. v. EWH & AssociatesCourt of Special Appeals of Maryland · 1992
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