Clemens v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. Assumpsit, brought on the 11th of January 1856, by the appellee against the appellant, to recover a paving tax for the paving of Fulton street. There was a judgment for the plaintiff, by default, and an inquisition taken, by which !$491 were assessed as damages, but this judgment was subsequently stricken out by consent, and non assumpsit pleaded. lsi Exception.
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Appeal from the Court of Common Pleas. Assumpsit, brought on the 11th of January 1856, by the appellee against the appellant, to recover a paving tax for the paving of Fulton street. There was a judgment for the plaintiff, by default, and an inquisition taken, by which !$491 were assessed as damages, but this judgment was subsequently stricken out by consent, and non assumpsit pleaded. lsi Exception. The evidence offered on both sides, as appears from the record, is fully stated in the opinion of this court. The evidence of the record, from the office of the Commissioners of Streets, having…
1Opinion of the CourtBartol, J.
This action was instituted by the appellees against the appellant. The declaration contains the common money counts, a count for work and labor, and an insimul computassent count. The defendant pleaded the general issue.
*211The bills of exceptions state: “That the plaintiff proved by Win. H. Cowan, a competent, witness, that the defendant promised to pay the amount of the claim in this case, which amount the witness only knew from the bills that he had seen, some three or four of which bills he (witness) knew, had been served on the defendant, and he believed the amount to be about four hundred…
2Cases cited5 opinions
- Mayor of Baltimore v. Hughes's Adm'r D. B. N.Court of Appeals of Maryland · 1829
- Clements v. SmithCourt of Appeals of Maryland · 1850
- Reynolds v. JulietCourt of Appeals of Maryland · 1859
- Wilson v. SmithCourt of Appeals of Maryland · 1856
- Thomas v. CatheralCourt of Appeals of Maryland · 1832
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- Cumberland Coal & Iron Co. v. McKaigCourt of Appeals of Maryland · 1867
- Dorbert v. StateCourt of Appeals of Maryland · 1887
- Taylor v. PalmerCalifornia Supreme Court · 1867