Legal Opinion

McCann v. Sloan

Court of Appeals of Maryland

Decided July 19, 1866PublishedCited by 5 opinions

Appeal from the Court of Common Pleas of Baltimore eity: This action was brought by the appellees against the ap-pellants, as administrators of Jamos II.- Nussear, on the 18th-of June, 1863. The declaration contained the- common-money counts-, a count for work done, and also a count on a promissory note. The defendants pleaded,- 1st ¿non-assumpsit,* 2nd, non-assumpsit infra tres aamos f 3rd, actio non aoorevit infra tres annosf and 4th, plene admvnistrmit.

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Appeal from the Court of Common Pleas of Baltimore eity: This action was brought by the appellees against the ap-pellants, as administrators of Jamos II.- Nussear, on the 18th-of June, 1863. The declaration contained the- common-money counts-, a count for work done, and also a count on a promissory note. The defendants pleaded,- 1st ¿non-assumpsit,* 2nd, non-assumpsit infra tres aamos f 3rd, actio non aoorevit infra tres annosf and 4th, plene admvnistrmit. At the trial several exceptions were taken on- both sides, — ‘those of the appellants only need be stated-. Fi/rst Exception. The…

1Opinion of the CourtBartol, J.

This case turns mainly upon the decision of the question raised by the appellants’ second exception, as to the admissibility of the evidence of the witness, Martin, whereby it was sought to charge the defendants by proof of the acknowledgment of McCann made to the plaintiffs. The same question-is also presented by the Court’s instruction to the'jury conv tained in the appellants’ third exception.

The suit is against the appellants as administrators of James-H. Nussear, deceased, to recover a sum of money alleged to-be due to the appellees, from their intestate in Mb life time,Limitations were…

2Cases cited11 opinions

  1. Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
  2. Peck v. BotsfordSupreme Court of Connecticut · 1828
  3. Ellicott v. NicholsCourt of Appeals of Maryland · 1848
  4. Johnson v. BeardsleeNew York Supreme Court · 1818
  5. Quynn v. CarrollCourt of Appeals of Maryland · 1856

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Murray v. HurstCourt of Appeals of Maryland · 1932
  2. Ross v. PhillipsCourt of Appeals of Maryland · 1925
  3. Pole v. SimmonsCourt of Appeals of Maryland · 1878
  4. Stoner v. DevilbissCourt of Appeals of Maryland · 1889
  5. Estate of Barrett, Superior Court of California, County of San Francisco1899

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