Riddell v. Douglas
Court of Appeals of Maryland
Appual from the Circuit Court for Baltimore County. This is an action by the appellee against the appellants, to recover damages for an assault and battery. The declaration contained two counts. The defendants pleaded to the first count, “that they did not commit the wrong alleged and demurred to the second count. The Court sustained the demurrer. Issue was joined on the first count, and the case was tried on that issue.
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Appual from the Circuit Court for Baltimore County. This is an action by the appellee against the appellants, to recover damages for an assault and battery. The declaration contained two counts. The defendants pleaded to the first count, “that they did not commit the wrong alleged and demurred to the second count. The Court sustained the demurrer. Issue was joined on the first count, and the case was tried on that issue. It was ascertained during the trial that the plaintiff’s true name was Sarah Catharine Douglas, instead of Sarah Catharine Hines, and that her suit was brought in the wrong…
1Opinion of the CourtRobinson, J.
This is an action to recover damages for an assault and battery.
The declaration contained two counts. To the second, the defendants demurred, and the demurrer was sustained by the Court.
Issue was joined on the first count, and on this issue the case was tried before the jury.
After verdict, a motion was made in arrest of judgment, on two grounds:
First. Because the plaintiff did not amend the declaration.
And secondly. Because no judgment was entered on the demurrer to the second count.
Neither of these grounds is sufficient to justify the Court in arresting the judgment. Where the demurrer is to…
2Cited by3 opinions
- State Ex Rel. Bohon v. FeldsteinCourt of Appeals of Maryland · 1994
- Surrey Inn, Inc. v. JenningsCourt of Appeals of Maryland · 1995
- State v. JenkinsCourt of Appeals of Maryland · 1889