Quynn v. Brooke
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George's County. This was an action of Assumpsit, brought by the appellant against the appellee, on the 14th of October 1853. The declaration contained the usual counts in indebitatus assumpsit omitting the quantum meruit. Pleas non-assumpsit and limitations. The cause has twice before been considered by this Court on appeal. The case of the first appeal is reported in 10 Md. Bep., 197, and the second in 13 Md.
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Appeal from the Circuit Court for Prince George's County. This was an action of Assumpsit, brought by the appellant against the appellee, on the 14th of October 1853. The declaration contained the usual counts in indebitatus assumpsit omitting the quantum meruit. Pleas non-assumpsit and limitations. The cause has twice before been considered by this Court on appeal. The case of the first appeal is reported in 10 Md. Bep., 197, and the second in 13 Md. Rep., 3*79. The single question presented by this appeal is, whether certain testimony taken de bene esse, in the manner set forth in the…
1Opinion of the Court
Baktol, J.,
delivered tlie opinion of this Court.
At the trial of this cause in the Circuit Court, the plaintiff, now appellant, offered in evidence the testimony of Miss S. M. Worthington, taken by a commission under the Act of 1828, ch. 165, which, being objected to by the defendant, was rejected; and the single question presented by this appeal is, whether the testimony taken under the commission ought to have been admitted. The objections to its admissibility urged by the appellee, may be considered under two general propositions. 1st. That the commissioner was not duly qualified. 2nd. That…
2Cases cited4 opinions
- Wall's Ex'x. v. WallCourt of Appeals of Maryland · 1827
- Boteler v. State ex rel. ChewCourt of Appeals of Maryland · 1836
- Dunbar v. ConwayCourt of Appeals of Maryland · 1839
- Williams v. BanksCourt of Appeals of Maryland · 1853
3Cited by9 opinions
- Wash., B. A.R. Co. v. KimmeyCourt of Appeals of Maryland · 1922
- Magnuson v. BillingsIndiana Supreme Court · 1899
- Roberts Bros. v. Consumers Can Co.Court of Appeals of Maryland · 1905
- Hirsch v. Maryland Department of Natural ResourcesCourt of Appeals of Maryland · 1980
- Maryland Department of Natural Resources v. HirschCourt of Special Appeals of Maryland · 1979
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