Chapman v. Davis
Court of Appeals of Maryland
Appeal from Charles comity court. This was an action of assumpsit, brought on the 12th March 1839, by the appellee, as administratrix of all and singular, the goods, &c., which were of 'Thomas A. Davis, late, &c., against the appellant. The writ was returnable to the 3rd Monday of March 1839, and returned cepi. At that term the defendant appeared, and laid the usual rule on the plaintiff to declare.
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Appeal from Charles comity court. This was an action of assumpsit, brought on the 12th March 1839, by the appellee, as administratrix of all and singular, the goods, &c., which were of 'Thomas A. Davis, late, &c., against the appellant. The writ was returnable to the 3rd Monday of March 1839, and returned cepi. At that term the defendant appeared, and laid the usual rule on the plaintiff to declare. Upon the prayer of the plaintiff to imparle, the cause was continued until August term 1839, when the plaintiff declared upon the common counts, &c., describing herself in the declaration as…
1Opinion of the CourtMartin, J.
The principal question presented for the examination of the court in this case, is that which respects the validity of the plea in abatement, offered by the defendant to the amended declaration of the appellee, at the March term of Charles county court, 1842. And it is necessary to recur to the pleadings, for the purpose of understanding what was the predicament of the defendant below at the time he exhibited this plea in abatement.
It appears that the writ was issued on the 12th of March 1839. At the August term of the court in the same year, the plaintiff filed her declaration, to which the…
2Cases cited1 opinion
- Pritchard v. DentonSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Miller v. MillerCourt of Appeals of Maryland · 1933
- Cruzen v. McKaigCourt of Appeals of Maryland · 1882
- Spencer v. PattenCourt of Appeals of Maryland · 1896
- Lee v. ByrnesCourt of Appeals of Maryland · 1870
- Eschbach v. BayleyCourt of Appeals of Maryland · 1868
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