Martin v. Good
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore county. Assumpsit brought on the 13th of December 3855, by the appellee against the appellant.
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Appeal from the Circuit Court for Baltimore county. Assumpsit brought on the 13th of December 3855, by the appellee against the appellant. Plea, non assumpsit, with leave to the plaintiff to offer any evidence which would be competent and proper, if there were counis in the declaration on the agreement stated to have been made between the parties in the following paper, which was filed in the case before the trial: “Articles of agreement made 1st of September 1847, between David M. Good and Samuel F. Martin, partners, of the fiffn of Good & Martin, both of Washington county, State of…
1Opinion of the CourtTuck, J.
The objection to evidence made by the appellant is to be found in the middle of the statement of facts, it not appearing whether the point was raised on what precedes or on that which follows the objection. Although this was remarked upon at the trial, we think it can make no difference, because as the objection cannot be considered as applying to both portions of the statement, and, as the evidence, before and after-the objection is substantially the same, one or the other must be considered as having gone to the jury without objection. But, as the question is an important one, and was fully…
2Cases cited2 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Clark v. VorceNew York Supreme Court · 1836
3Cited by11 opinions
- Smith v. StateDistrict Court of Appeal of Florida · 2004
- Owens v. StateCourt of Appeals of Maryland · 1887
- Evans v. MurphyCourt of Appeals of Maryland · 1898
- Kimbrough v. StateDistrict Court of Appeal of Florida · 2003
- Spiker v. NydeggerCourt of Appeals of Maryland · 1869
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