Johnson v. Heald
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. The bill of complaint in this case, filed on the 24th of September, 1866, by the appellee against the appellants, and Jas.
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Appeal from the Circuit Court of Baltimore City. The bill of complaint in this case, filed on the 24th of September, 1866, by the appellee against the appellants, and Jas. M. Frazier and the Northern Central Railway Company, alleged that James Frazier died on the 18th of July, 1866, having made a will on the 23d of December, 1863, in manner and form to pass real estate, which was duly proven, and on which letters testamentary were granted to the complainant; that said Frazier died in the eighty-fifth year of his age, and although originally a man of much vigor of mind and body, he had become,…
1Opinion of the CourtMillee, J.
When the Legislature, by the Act of 1864, chapter 109, removed the incompetency of witnesses arising from interest and crime, and declared that the parties litigant and all persons in whose behalf any suit, action or other proceeding, may be brought or defended, themselves and their wives and husbands, shall be competent and compellable to give evidence in the same manner as other witnesses, they made certain exceptions which in our judgment clearly manifest the purpose of the law makers and the spirit and intent of the law. It appears to us to have been the design of this legislation, in…
2Cases cited1 opinion
- Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
3Cited by13 opinions
- Hardy v. Chesapeake BankCourt of Appeals of Maryland · 1879
- Mitchell v. StateCourt of Appeals of Maryland · 1911
- Roland Park Co. v. StateCourt of Appeals of Maryland · 1895
- Dilley v. LoveCourt of Appeals of Maryland · 1884
- Horner v. FrazierCourt of Appeals of Maryland · 1880
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