Horner v. O'Laughlin
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action brought by the appellees against the appellant, to recover money due by the latter to the former. The nar. contained the usual money counts, and a special count for unliquidated damages, for the non-delivery of hay purchased by the appellees from the appellant.
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Appeal from the Court of Common Pleas. This was an action brought by the appellees against the appellant, to recover money due by the latter to the former. The nar. contained the usual money counts, and a special count for unliquidated damages, for the non-delivery of hay purchased by the appellees from the appellant. The suit was brought on the 5th of May, 3865, and the writ made returnable on the second Monday of May, 1865; at which time, being the regular return day, the appellant was returned “ summoned.” On the 10th day of May, 1865, the appellant filed with the clerk of the court, an…
1Opinion of the CourtMiller, J.
This appeal is from a judgment of the Court of Common Pleas extending a previous judgment by default for want of a plea. There was no motion in arrest or to strike out the judgment for fraud or irregularity, nor was there any exception taken certifying to this court the facts upon which the *court below acted. The suit was not instituted under the provisions of the 5th, 6th, 7th and 8th sections of the Act of 1864, ch. 6, but in common form invoking the exercise of the ordinary powers of the court 'in the usual course of its procedure. Upon appeal from the judgment of a court of record…
2Cases cited3 opinions
- Baltimore & Ohio Rail Road v. ResleyCourt of Appeals of Maryland · 1859
- Morris L. Hollowell & Co. v. MillerCourt of Appeals of Maryland · 1861
- Bridendolph v. ZellerCourt of Appeals of Maryland · 1853
3Cited by3 opinions
- Price v. StateCourt of Appeals of Maryland · 1930
- Line v. LineCourt of Appeals of Maryland · 1913
- Greff v. FickeyCourt of Appeals of Maryland · 1869