Mailhouse v. Inloes
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Appeal from an order, overruling motion of appellant to strike out a judgment, by default, entered against him at suit of the appellees. The facts are stated in the opinion of this court.
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Appeal from the Superior Court of Baltimore City. Appeal from an order, overruling motion of appellant to strike out a judgment, by default, entered against him at suit of the appellees. The facts are stated in the opinion of this court. The reasons for the motion, in substance, are:— 1st. That the cause of action being an open account for goods sold and delivered, there was no power to extend the judgment as the court did, but the plaintiffs were required to have a writ of inquiry, and their claim and damages assessed by an inquisition. 2nd. That for the same cause of action the plaintiffs…
1Opinion of the CourtGoldsborough, J.
It appears from the record in this case, that the appellees instituted an action in the Superior court of Baltimore city, against the appellant, on the 6th day of October 1858, on an account for goods sold and delivered, and at the time of filing their declaration, also filed the account of said goods, with an affidavit, in accordance with the 9th section of the Act of 1858, ch. 323.
The summons for the appellant, after two non ests., was returned, summoned to the 2nd Monday of December 1858, one of the rule-days of the court.
The appellant neglected to appear, and at the instance of the…
2Cases cited1 opinion
- Green v. HamiltonCourt of Appeals of Maryland · 1860
3Cited by7 opinions
- Baltimore City Passenger Railway Co. v. SewellCourt of Appeals of Maryland · 1873
- Murray v. HurstCourt of Appeals of Maryland · 1932
- BARRELLA, ETC. v. StewartCourt of Appeals of Maryland · 1962
- Greff v. FickeyCourt of Appeals of Maryland · 1869
- Stansbury v. KeadyCourt of Appeals of Maryland · 1868
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