Herbert v. Wich
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This suit was brought by the appellee against the appellant in the Court of Common Pleas,' to recover damages for the alleged continuation of a nuisance, in building over and closing-up an alley in the rear of the property of the plaintiff, which he had a right to use in common with others, whereby the light and air were excluded from his house. The defendant pleaded in bar a former recovery for the same subject-matter.
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Appeal from the Circuit Court for Baltimore County. This suit was brought by the appellee against the appellant in the Court of Common Pleas,' to recover damages for the alleged continuation of a nuisance, in building over and closing-up an alley in the rear of the property of the plaintiff, which he had a right to use in common with others, whereby the light and air were excluded from his house. The defendant pleaded in bar a former recovery for the same subject-matter. A rule was laid upon the plaintiff to reply. On the suggestion and affidavit of the defendant, the case was removed to the…
1Opinion of the CourtStewart, J.
The plaintiff below declared for a nuisance or the continuation thereof.
The defendant pleaded in bar, a former recovery for the same matter, and the plaintiff was under rule to reply.
Under this state of the pleadings, the defendant having tendered no issue to the country, the docket entry of “Issue joined,” was irregular, and the verdict and judgment erroneous.
There being, in fact, no issue, it was a mistrial. The verdict could not cure the defect, and the motion of the defendant, made the following day, to strike out the verdict and judgment ought to have prevailed, rendering, of course, any…
2Cited by1 opinion
- McCart v. RegesterCourt of Appeals of Maryland · 1888