Norris v. Despard
Court of Appeals of Maryland
Gross-Appeals from the Baltimore City Court. Attachment on warrant issued on the 1st of December, 1870, at the instance of the appellants, against the appellee, a non-résident; affidavit, warrant, check and short note filed ; “ attached as per schedule defendant returned non est; copy of short note set up at the Courthouse .door.
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Gross-Appeals from the Baltimore City Court. Attachment on warrant issued on the 1st of December, 1870, at the instance of the appellants, against the appellee, a non-résident; affidavit, warrant, check and short note filed ; “ attached as per schedule defendant returned non est; copy of short note set up at the Courthouse .door. The short note alleged that the suit was instituted to recover the sum of $128.00 with interest thereon from the 22nd of May, 1861, due and owing from the defendant to the plaintiffs, on his check or draft, in words and-figures, as follows“ $128.00. Clarksburg, Va.,…
1Opinion of the CourtStewart, J.
The appellee in this Court, having'abandoned his appeal from the ruling below, striking out the plea of limitation, the only question for our review is as to the instruction upon the appellee’s prayer, that there was no evidence in the cause upon which the plaintiffs could recover.
The cause of action was described in the short note-required, in a proceeding originating in attachment, which substantially alleged the non-payment of a check, for the sum of $128, bearing date at Clarksburg, West Virginia, 22nd May, 1861, drawn by the appellee, on the Bank of Phillippi, Virginia, and payable to…
2Cases cited3 opinions
- Moses v. President of the Franklin BankCourt of Appeals of Maryland · 1871
- Clopper's Adm'r. v. Union BankCourt of Appeals of Maryland · 1826
- Eichelberger v. FinleyCourt of Appeals of Maryland · 1826
3Cited by1 opinion
- Exchange Bank v. Sutton BankCourt of Appeals of Maryland · 1894