Brooke v. Waring
Court of Appeals of Maryland
Appeal from Prince George’s county court. This was an action of assumpsit, commenced on the- 1st August 1844, by E. S. Baldwin, (since deceased,) against the appellee. The issue was joined on the plea of non assumpsit. The verdict was for the defendant.
Read the full summary
Appeal from Prince George’s county court. This was an action of assumpsit, commenced on the- 1st August 1844, by E. S. Baldwin, (since deceased,) against the appellee. The issue was joined on the plea of non assumpsit. The verdict was for the defendant. At the trial of this cause, the plaintiff to maintain the issues on his part, offered to prove, that sometime late in the fall of the year 1843, the witness was sent, by the plaintiff’s intestate, to the residence of the defendant, to receive a negro girl, which the said defendant had, before that time, contracted to sell to the said…
1Opinion of the Court
Spence, J-.,
delivered the opinion of this court.
Neither of the bills of exceptions in this case, presented to the county court any question for decision upon the pleadings, and, of course, none is presented here. The only questions for our decision arise upon the proof, without reference tc the pleadings under which it was offered.
*8We assume, then, that the plaintiff’s declaration is such, as to entitle him to a judgment on the verdict of the jury on any finding in his favor, to which his proof may have shewn him entitled.
Questions of pleading out of view, and assuming, that the testimony in…
2Cited by6 opinions
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
- Hercules Powder Co. v. Harry T. Campbell Sons Co.Court of Appeals of Maryland · 1929
- Baltimore Building Ass'n No. 2 v. GrantCourt of Appeals of Maryland · 1875
- Dorsey v. DashiellCourt of Appeals of Maryland · 1851
1 more not listed; retrieve them via the Exa API.