Dawson v. King
Court of Appeals of Maryland
Appeal from tbe Circuit Court for Montgomery County r This was an action brought by the appellant against the appellee, on the 20th of October 1858, on an agreement alleged to have been made in the autumn of the year 1852,. by the defendant with the plaintiff, “to pay him the expenses of seeding a crop of wheat on a farm purchased by the defendant of the plaintiff, and in consideration of which-the plaintiff put the defendant in possession of said property.”
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Appeal from tbe Circuit Court for Montgomery County r This was an action brought by the appellant against the appellee, on the 20th of October 1858, on an agreement alleged to have been made in the autumn of the year 1852,. by the defendant with the plaintiff, “to pay him the expenses of seeding a crop of wheat on a farm purchased by the defendant of the plaintiff, and in consideration of which-the plaintiff put the defendant in possession of said property.” The declaration also contained all of the common-counts in assumpsit. The defendant pleaded the general issue, to the various counts,…
1Opinion of the CourtGoldsborougii, J.
The principal question presented by this appeal is, whether the evidence submitted by the plaintiff to the jury at the trial of the case, removed the bar of the statute of limitations pleaded by the defendant.
Two prayers were presented to the Circuit Court, one by the defendant “that the evidence in this cause, if believed by the jury, is not sufficient to take the case out of the statute of limitations” which was granted; the other by the plaintiff, enumerating in his prayer, certain items of the evidence, which, if believed by the jury, he claims, would remove the bar of the statute.
The…
2Cases cited2 opinions
- Frey v. KirkCourt of Appeals of Maryland · 1832
- Higdon v. StewartCourt of Appeals of Maryland · 1861
3Cited by29 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Nottingham Village, Inc. v. Baltimore CountyCourt of Appeals of Maryland · 1972
- Schneider v. LansdaleCourt of Appeals of Maryland · 1948
- Cox v. Board of County CommissionersCourt of Appeals of Maryland · 1943
- City of Uvalde v. Uvalde Electric & Ice Co.Texas Commission of Appeals · 1923
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