Legal Opinion

Biemuller v. Schneider

Court of Appeals of Maryland

Decided December 5, 1884PublishedCited by 3 opinions

Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. First Exception. — At the trial the plaintiff offered in evidence the hill of sale from Frederick Schneider to Samuel Fernbieimer referred to in the opinion of this Court. The Court (Fowler, J.,) on objection to its admission — it being admitted that Frederick Schneider was dead when this suit was instituted — refused to permit said hill of sale to be given in evidence.

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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. First Exception. — At the trial the plaintiff offered in evidence the hill of sale from Frederick Schneider to Samuel Fernbieimer referred to in the opinion of this Court. The Court (Fowler, J.,) on objection to its admission — it being admitted that Frederick Schneider was dead when this suit was instituted — refused to permit said hill of sale to be given in evidence. The plaintiff excepted. Second Exception. — The plaintiff proposed to offer in evidence a note from the plaintiff and one John…

1Opinion of the CourtRitchie, J.

The appellant, as plaintiff below, brought his action of replevin to recover possession of certain horses, cows and other personal property alleged to have been wrongfully taken and detained by the appellee. Four pleas were *557filed: first, non cepit; second, that the goods and chattels belonged to the defendant; third, that they were of the personal property of Frederick Schneider, deceased, and belonged to his legal representatives; and, fourth, that the said goods and chattels were not the property of the plaintiff.

The plaintiff’s offers of evidence were primarily directed to showing, under…

2Cases cited2 opinions

  1. Rockwell v. YoungCourt of Appeals of Maryland · 1883
  2. Dorsey v. SmithsonCourt of Appeals of Maryland · 1823

3Cited by3 opinions

  1. State Ex Rel. Horsey v. Maryland Casualty Co.Court of Appeals of Maryland · 1933
  2. Forsyth Storage & Transfer, Inc. v. William E. Cramer Co.Court of Appeals of Maryland · 1978
  3. Ehrman v. LymanBaltimore City Court · 1889

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