Legal Opinion

Parker v. Sedwick

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 9 opinions

Appeal from Calvert county court. This was an action of Debt, commenced on the 1st June 1841, by the appellant against tire appellee, for the sum of $1054.57. The plaintiff declared: “for that at a Circuit Superior Court, Sec., for the Slate of Virginia, held on the 29th December 1840, the justices of Caroline county court, in Virginia, at the instance, and for the benefit of a certain Charles S. Jones, by the judgment of the said court, recovered against the said S. H. P.,…

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Appeal from Calvert county court. This was an action of Debt, commenced on the 1st June 1841, by the appellant against tire appellee, for the sum of $1054.57. The plaintiff declared: “for that at a Circuit Superior Court, Sec., for the Slate of Virginia, held on the 29th December 1840, the justices of Caroline county court, in Virginia, at the instance, and for the benefit of a certain Charles S. Jones, by the judgment of the said court, recovered against the said S. H. P., one of the securities of the said J. C. S., as administrator of Dr. Benjamin Sedwick, as well the sum of 02000, for his…

1Opinion of the CourtSpence, J.

In this case, on motion of plaintiff’s counsel, leave was granted by the court, with consent, of counsel, to issue a commission to William 8. Triplett, of Richmond, Virginia, to take testimony. The commission was issued on the 5th. day of June 1844.

At the trial of this cause, the plaintiff, to maintain the issues on his part, offered to read to the jury, the commission, and proceedings under it. The defendant objected, on the ground, that he had no notice of the time, place, and mode, of executing said commission; which objection the court sustained. “The plaintiff proved, that his…

2Cases cited2 opinions

  1. Calvert v. CoxeCourt of Appeals of Maryland · 1843
  2. Sothoron v. WeemsCourt of Appeals of Maryland · 1831

3Cited by9 opinions

  1. Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
  2. Ellicott v. TurnerCourt of Appeals of Maryland · 1853
  3. J. A. Laporte Corp. v. Pennsylvania-Dixie Cement Corp.Court of Appeals of Maryland · 1933
  4. Eversole v. MaullCourt of Appeals of Maryland · 1878
  5. Archer v. StateCourt of Appeals of Maryland · 1891

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