Lee v. Byrnes
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. . This was an action of assumpsit brought by the appellee to recover the balance of an account alleged to be due him by the appellant. The defendant pleaded three pleas — 1st, that he never was indebted; 2d, that he did not promise as alleged; and 3d, set-off, and filed an account in bar.
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Appeal from the Circuit Court for Anne Arundel County. . This was an action of assumpsit brought by the appellee to recover the balance of an account alleged to be due him by the appellant. The defendant pleaded three pleas — 1st, that he never was indebted; 2d, that he did not promise as alleged; and 3d, set-off, and filed an account in bar. The plaintiff took issue on the first and second pleas, and to the third plea replied — 1st, that he never was indebted as alleged; 2d, that he never promised as alleged; and 3d, that the alleged set-off did not accrue within three years before the plea…
1Opinion of the CourtAlvey, J.
The counsel for the appellant did not, as we understood him, insist on the first exception. That the appellant had no right to amend so as to plead in abatement, at the stage of the cause when the motion for leave was made, is too clear for question; the cases of Chapman vs. Davis, 4 Gill, 166, and Eschbach vs. Bayley, 28 Md., 492, being conclusive against it. That exception, therefore, might well be abandoned.
The second exception taken to the refusal to grant prayers on the part of the appellant, presents a question equally free from difficulty as the first.
The action was brought on the 17th…
2Cases cited2 opinions
- Chapman v. DavisCourt of Appeals of Maryland · 1846
- Eschbach v. BayleyCourt of Appeals of Maryland · 1868
3Cited by3 opinions
- Parker v. SchwartzMassachusetts Supreme Judicial Court · 1883
- Sprogle v. AllenCourt of Appeals of Maryland · 1873
- Durant v. MurdockDistrict of Columbia Court of Appeals · 1894