Cooper v. Roche
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. * The appellant sued the appellee to recover $200, “for broker’s commission in finding a purchaser for four ground rents of $165 per annum, each, as per agreement.” The suit was brought under the provisions of the Act of 1864, ch. 6. The cause of action was filed with the declaration, and verified by affidavit, as required by that Act.
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Appeal from the Superior Court of Baltimore City. * The appellant sued the appellee to recover $200, “for broker’s commission in finding a purchaser for four ground rents of $165 per annum, each, as per agreement.” The suit was brought under the provisions of the Act of 1864, ch. 6. The cause of action was filed with the declaration, and verified by affidavit, as required by that Act. The defendant appeared to the suit, but failing to plead to the declaration, the Court entered a judgment by default against him. The defendant then asked for a jury of inquiry, which was sworn, and assessed the…
1Opinion of the CourtBartol, C. J.
It appearing to the Court, that the writ of diminution heretofore ordered in this case, was ordered improvidently and without sufficient cause; the record in the same being full and complete, and in no respect diminished; an order will be passed quashing the writ.
The appeal is from the order of the Superior Court, overruling the motion of the appellant (plaintiff below) to set aside the inquisition of the jury, and also from the judgment of non pros.
It was decided in Heffner vs. Lynch, 21 Md., 552, that a judgment by default is conclusive of the question of jurisdiction, and of the power of…
2Cases cited2 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Heffner v. LynchCourt of Appeals of Maryland · 1864
3Cited by3 opinions
- Rohr v. AndersonCourt of Appeals of Maryland · 1879
- Murray v. HurstCourt of Appeals of Maryland · 1932
- Grinnell v. BebbMichigan Supreme Court · 1901