Woodruff v. Munroe
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County. This was an action instituted by the appellants, in January, 1858, against the appellee to recover the amount of five promissory notes, of which George W. Harrison was the drawer, and the appellee, together with James M. Benton and Elizabeth Harrison, were endorsers. The appellee pleaded that he did not promise as alleged, and issue was joined thereon.
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Appeal from the Circuit Court for Prince George’s County. This was an action instituted by the appellants, in January, 1858, against the appellee to recover the amount of five promissory notes, of which George W. Harrison was the drawer, and the appellee, together with James M. Benton and Elizabeth Harrison, were endorsers. The appellee pleaded that he did not promise as alleged, and issue was joined thereon. The case was tried once before and will be found reported in 17 Md., 159. On an appeal from the Circuit Court, its judgment was reversed, and on the 18th of April, 1861, the case was…
1Opinion of the CourtRobinson, J.
The question presented by the first bill of exceptions is, whether testimony taken under a foreign commission and used in the first trial is admissible in evidence in the trial under the procedendo ?
The obvious purpose of the law in allowing the depositions of non-resident witnesses to be taken under a foreign commission, was to enable suitors to avail themselves of the evidence of parties living beyond the jurisdiction and not within the reach of the Court, and the depositions thus taken the Code declares shall be admitted as evidence in the trial of the cause. Code, Art. 37, sec. 15. Now in…
2Cited by8 opinions
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- Hartlep v. MurphyIndiana Supreme Court · 1926
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