Reynolds v. Juliet
Court of Appeals of Maryland
Appeal, from the Circuit Court for Calvert County. Petition for freedom, filed on the 5th of May 1856, by the appellees against the appellant. The petition states, that the petitioners claim their freedom under the will of Mary Reynolds, which was filed therewith. There does not appear to have been any proof offered in the case, and the bill of exception is as follows: Exception.
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Appeal, from the Circuit Court for Calvert County. Petition for freedom, filed on the 5th of May 1856, by the appellees against the appellant. The petition states, that the petitioners claim their freedom under the will of Mary Reynolds, which was filed therewith. There does not appear to have been any proof offered in the case, and the bill of exception is as follows: Exception. “The defendant offered the following prayer: We pray the court to instruct the jury, that the petitioners in this cause are not entitled to their freedom, because there is no evidence of the sufficiency of the estate…
1Opinion of the CourtTcuk, J.
The exception contains nothing' but a prayer offered by the defendant, which was rejected. According to the case of Burtles vs. The State, use of Turner, 4 Md Rep., 277, we must, in the absence of testimony, intend that the court acted properly-in refusing the instruction.
If there was any proof on the subject of assets, it ought t © have been set out to enable the court to pass upon its legal .sufficiency and relevancy to the issues on trial. If, as we presume from the prayer, there was none whatever offered, a *121question as to the onus of proof might arise, on which we cannot pass in the…
2Cases cited3 opinions
- Allein v. SharpCourt of Appeals of Maryland · 1835
- Wilson v. BarnetCourt of Appeals of Maryland · 1836
- Wilson v. BarnettCourt of Appeals of Maryland · 1837
3Cited by4 opinions
- Trustees of Riverdale Presbyterian Church v. Paul B. Pugh & Co.Court of Appeals of Maryland · 1928
- Clemens v. Mayor of BaltimoreCourt of Appeals of Maryland · 1860
- Oliver v. CameronDistrict of Columbia Court of Appeals · 1880
- McCann v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1863