Brooks v. Preston
Court of Appeals of Maryland
Appeal from the Baltimore City Court (Phelps, J.) The appellee’s demurrer to the appellant’s plea of limitations was properly overruled. The form of the plea is substantially that provided by Code Public Law (1904), Article 75, section 24, sub-section 50. A plain statement of such facts as may be necessary to form the defense is all that is required.
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Appeal from the Baltimore City Court (Phelps, J.) The appellee’s demurrer to the appellant’s plea of limitations was properly overruled. The form of the plea is substantially that provided by Code Public Law (1904), Article 75, section 24, sub-section 50. A plain statement of such facts as may be necessary to form the defense is all that is required. Wallace v. Schaub, 81 Md. 597- But the judgment on the appellee’s demurrer should have been final and not “with leave to reply." The plea of the statute was an absolute bar to any recovery. 2 Poe PI. and Pr. (3d. ed.) secs. 590, 594 and 606;…
1Opinion of the CourtRogers, J.
The facts in this case are as follows. On March 30th, 1892, a certain Henry J. Conway recovered judgment in the Baltimore City Court against Chauncey Brooks the appellant in this Court, for $208.13, with interest and costs. Conway died in 1894. On November 4th, 1905, letters of administration were granted to the appellee by the OrpTians’ Court of Baltimore City on the estate of Conway. On November 6th, 1905, the appellee by petition filed in the case in which judgment was recovered, suggested the death of Conway, and his appointment as administrator, and was substituted as plaintiff in the…
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- Gott v. State ex rel. BarnardCourt of Appeals of Maryland · 1876
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- Stewart v. SpeddenCourt of Appeals of Maryland · 1853
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- Lang v. WilmerCourt of Appeals of Maryland · 1917
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