Lamotte v. Wisner
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered eleven prayers, all of which were omitted from the record by consent except the following: 7. That the defendant has offered no legally sufficient evidence to maintain the issues joined on his second and third pleas, and that the verdict of the jury must be for the plaintiff on the defendant’s said second and third pleas. 11. If…
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Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered eleven prayers, all of which were omitted from the record by consent except the following: 7. That the defendant has offered no legally sufficient evidence to maintain the issues joined on his second and third pleas, and that the verdict of the jury must be for the plaintiff on the defendant’s said second and third pleas. 11. If the jury find from the evidence, that the said Benjamin Worthington, on or about the 8th day of May, 1877, put the cow§,…
1Opinion of the CourtRobinson, J.
This is an action of replevin brought by the appellee to recover certain cattle found in the possession of the defendant.
The defendant, now appellant, pleaded:
1st. Non cepit.
2nd. Property in George W. Stocksdale, as bailiff.
3rd. Property in Benjamin I. Worthington.
4th. That the plaintiff had no property in the cattle.
At the trial the plaintiff proved, that the cattle in question formerly belonged to one Beñjamin Worthington; that in May, lSll, they were driven by him from his farm in Baltimore County to the farm of the plaintiff in Carroll County and there sold to him; that after said sale…
2Cases cited4 opinions
- McKinzie v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1868
- Edelen v. ThompsonCourt of Appeals of Maryland · 1827
- Cullum v. BevansCourt of Appeals of Maryland · 1825
- Warfield v. WalterCourt of Appeals of Maryland · 1839
3Cited by10 opinions
- Anderson v. StewartCourt of Appeals of Maryland · 1908
- Krebs Hop Co. v. TaylorOregon Supreme Court · 1908
- Hopkins v. CowenCourt of Appeals of Maryland · 1899
- Babylon v. DutteraCourt of Appeals of Maryland · 1899
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
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