Hamilton v. Windolf
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. In May, 1869, the appellant sub-leased to the appellee a lot of ground with the improvements, situate on the south side of McHenry street in the city of Baltimore, in consideration of the sum of §1,200, and the payment of the annual rent of §36. In September, 1869, the appellant commenced the erection of several houses on the ground to the west of the appellee’s house.
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Appeal from the Superior Court of Baltimore City. In May, 1869, the appellant sub-leased to the appellee a lot of ground with the improvements, situate on the south side of McHenry street in the city of Baltimore, in consideration of the sum of §1,200, and the payment of the annual rent of §36. In September, 1869, the appellant commenced the erection of several houses on the ground to the west of the appellee’s house. At the trial below, the appellant testified that before he built the house adjacent to the appellee’s, the appellee entered into, a verbal agreement with him to purchase said…
1Opinion of the CourtAlvey, J.
The declaration in this ease contains two counts; and in regard to the first of which it is rather difficult to determine whether, it was intended to be in trespass for an illegal distress, or in case, for an excessive distress. As intended for either form of action it is certainly very imperfectly drawn. The second count is for a direct injury done to the plaintiff’s wall, and is framed in trespass.
The case was tried upon the general issue plea, that the defendant did not commit the wrongs alleged.
At the trial below seven exceptions were taken, but only two or three of which are important to…
2Cases cited2 opinions
- Crane v. GoughCourt of Appeals of Maryland · 1853
- Jean v. SpurrierCourt of Appeals of Maryland · 1872
3Cited by1 opinion
- Brazerol v. HudsonCourt of Appeals of Maryland · 1971