Wisher v. Wilhelm
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The following is added to the case as stated in the opinion of the Court: First Exception — The plaintiff having proved the signature of the auditor to his report and account, offered to read said report and'account in evidence to the jury. To this reading in evidence of the report and account, the defendant objected, upon the ground that it was not competent evidence to prove the plaintiff’s cause of action.
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Appeal from the Circuit Court for Baltimore County. The following is added to the case as stated in the opinion of the Court: First Exception — The plaintiff having proved the signature of the auditor to his report and account, offered to read said report and'account in evidence to the jury. To this reading in evidence of the report and account, the defendant objected, upon the ground that it was not competent evidence to prove the plaintiff’s cause of action. The Court (Yellott, J.,) overruled the defendant’s objection and permitted the report and account to be read in evidence; and the…
1Opinion of the CourtMiller, J.
It appears from this record that the appellee sued the appellant at law in the ordinary action of assumpsit. The declaration contains a count for goods sold and delivered, the common money counts, and a count for money found due from the defendant to the plaintiff on accounts stated between them. On demand therefor the plaintiff furnished a bill of particulars consisting of an itemized store account, running from 1862 to 18T2. The defendant then pleaded, 1st, that he was never indebted and never promised as alleged. 2nd, paymfent. 3rd, limitations, and 4th set-off. A demand was then made on…
2Cases cited1 opinion
- Shriver v. State ex rel. DevilbissCourt of Appeals of Maryland · 1837
3Cited by11 opinions
- Frederick Contractors, Inc. v. Bel Pre Medical Center, Inc.Court of Appeals of Maryland · 1975
- Seeley v. DunlopCourt of Appeals of Maryland · 1929
- Dobbyn v. DobbynCourt of Special Appeals of Maryland · 1984
- Lynn v. Mayor of CumberlandCourt of Appeals of Maryland · 1893
- Grandberg v. BernardCourt of Appeals of Maryland · 1945
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