Turner v. Plowden
Court of Appeals of Maryland
Appeal from Saint Mary’s County Court. Debt on single bill—Plea, payment, and an account in bar. This case was before in this court, and will be found in 3 Gill and Johns. 455. It was then reversed, and sent down with a procedendo. At the second trial, the plaintiff (the appellee) read in evidence to the jury, the following single bill, executed by Josiah Turner, the appellant, and one Henry Turner, since deceased.
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Appeal from Saint Mary’s County Court. Debt on single bill—Plea, payment, and an account in bar. This case was before in this court, and will be found in 3 Gill and Johns. 455. It was then reversed, and sent down with a procedendo. At the second trial, the plaintiff (the appellee) read in evidence to the jury, the following single bill, executed by Josiah Turner, the appellant, and one Henry Turner, since deceased. “$303 75. On the 30th day of June next, we promise to pay to John Llewellin, (exec’r of Jeremiah Boothe,) his heirs or assigns, or order, two hundred and three dollars and…
1Opinion of the CourtDorsey, J.
We concur with the County Court, in their instruction to the jury, on the account in bar relied on by the defendant, as a set-off to the plaintiff’s debt. The, judgment rendered upon it was a final judgment. To make it absolute as. far as regarded the amount due on the account, no further action of the court was necessary. The filing of Enoch J. Millard’s certificate thereof, was all that was required for that purpose.
The account was extinguished by the judgment, and could therefore never afterwards be available to the defendant, either as a substantive cause of action, or by way of discount,…
2Cited by4 opinions
- Huston v. DittoCourt of Appeals of Maryland · 1863
- Young v. MackallHigh Court of Chancery of Maryland · 1850
- Harper v. CunninghamCourt of Appeals for the D.C. Circuit · 1895
- State v. JonesCourt of Appeals of Maryland · 1844