Ranahan v. O'Neale
Court of Appeals of Maryland
Appeal from Montgomery county court. Trespass commenced by the appellant against the appellee on the 12th of March, 1832, for taking and selling certain articles of personal property. There was a verdict for the plaintiff, subject to the opinion of the county court, upon a case stated, the material facts of which are contained in the opinion of this court, as follows, viz.
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Appeal from Montgomery county court. Trespass commenced by the appellant against the appellee on the 12th of March, 1832, for taking and selling certain articles of personal property. There was a verdict for the plaintiff, subject to the opinion of the county court, upon a case stated, the material facts of which are contained in the opinion of this court, as follows, viz. This was an action of trespass, for taking and selling certain personal property seized by the appellee while in the possession of the appellant, by virtue of two writs of attachment, issued out of Montgomery county court,…
1Opinion of the CourtStephen, J.
It is true that in actions of trespass similar to the present, the plaintiff is not bound to prove the whole of his gravamen as laid in his pleadings, but may recover less than he claims, and according to the extent of his proof as given to the jury; but in this case we are informed by the statement of facts, that the suit was brought for taking and selling the property in question, and damages have been assessed by the jury co-extensive with the plaintiff’s claim; and the question submitted to the court was, whether the plaintiff was entitled upon the facts agreed, to retain the verdict and…
2Cited by8 opinions
- Lambden v. BowieCourt of Appeals of Maryland · 1852
- Howard v. OppenheimerCourt of Appeals of Maryland · 1866
- Trieber v. BlocherCourt of Appeals of Maryland · 1856
- Turner v. LytleCourt of Appeals of Maryland · 1882
- Carson v. WhiteCourt of Appeals of Maryland · 1847
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