Thomas v. Mohler
Court of Appeals of Maryland
Appeal from tlie Superior Court of Baltimore city: This was an action of assumpsit brought February the 13th, 1868, by the appellant against Isaac "W. Molilcr and John D. Graff, as partners.
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Appeal from tlie Superior Court of Baltimore city: This was an action of assumpsit brought February the 13th, 1868, by the appellant against Isaac "W. Molilcr and John D. Graff, as partners. The declaration contained the common money counts, and also, several special counts on promissory notes, signed by I. W. Mohler, and one on a protested check, signed in the same name, and whicli it was averred was the partnership name under which the defendants conducted business as partners. The defendant, Graff, severed in defence and answered specially every count, tendering issues thereon, and denied…
1Opinion of the CourtCochran, J.
Assuming that the action of the Court in striking out the judgment by default, and entering the judgment by confession, was correct, it is very clear that Mohler was a competent witness for Graff, the other defendant. That point was considered and expressly determined in the case of Barker vs. Ayers, 5 Md. Rep., 202, and is not open to further question.
The motion to strike out the judgment by default was addressed to the discretion of the Court. The -rule of the Court, exhibited in the record, and under which the motion was filed, is explicit in that particular, and wo cannot regard *45the…
2Cases cited2 opinions
- Barker v. AyersCourt of Appeals of Maryland · 1853
- Moale v. HollinsCourt of Appeals of Maryland · 1839
3Cited by2 opinions
- Queen City Enterprises, Inc. v. Independent Theatres, Inc.Court of Appeals of Maryland · 1963
- Westheimer v. CraigCourt of Appeals of Maryland · 1892