Gaither v. Wilmer
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This' appeal presents simply a question of practice, hut an important one. The facts are as follows: The appellee sued the appellant on two promissory notes, and the declaration also contained a count for money found due from the defendant to the plaintiff on accounts stated between them. The pleas were non-assumpsit and set-off, and the case was tried before a jury.
Read the full summary
Appeal from the Court of Common Pleas. This' appeal presents simply a question of practice, hut an important one. The facts are as follows: The appellee sued the appellant on two promissory notes, and the declaration also contained a count for money found due from the defendant to the plaintiff on accounts stated between them. The pleas were non-assumpsit and set-off, and the case was tried before a jury. The trial commenced on the 18th of June, and continued until the 20th, when the jury retired to make up their verdict, and not having agreed at the time of adjournment, the Court gave them…
1Opinion of the CourtMiller, J.
Without doubt,, a verdict, in an action like the present, simply “for the plaintiff,” without stating the damages, or the amount the plaintiff is entitled to recover, is fatally defective. It is not merely an informal verdict, which the Court can mould into projier shape by referring to the jdeadings and issues, but it is substantially defective. In all cases where the action is ujion a contract or for damages, the verdict, if for the jdaintiff, must be for an amount specified; otherwise the Court cannot enter judgment ujion it for any amount. Profatt on Jury Trial, sec. 415; 2 Tidd’s Pr.,…
2Cases cited3 opinions
- Ford v. StateCourt of Appeals of Maryland · 1859
- Williams v. StateCourt of Appeals of Maryland · 1883
- Edelen v. ThompsonCourt of Appeals of Maryland · 1827
3Cited by28 opinions
- Nails v. S & R, INC.Court of Appeals of Maryland · 1994
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Ager v. Baltimore Transit Co.Court of Appeals of Maryland · 1957
- Southern Management Corp. v. TahaCourt of Appeals of Maryland · 2003
- ACandS, Inc. v. GodwinCourt of Appeals of Maryland · 1995
23 more not listed; retrieve them via the Exa API.