Barry v. Barry
U.S. Circuit Court for the District of District of Columbia
At law. This was an action at law [by James D. Barry against Robert Barry] claiming $27,527.04, as a balance of account due by the defendant to the plaintiff. It was commenced by attachment, under the Maryland act of 1795, c. 50; but the defendant appeared and gave special bail, and dissolved the attachment.
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At law. This was an action at law [by James D. Barry against Robert Barry] claiming $27,527.04, as a balance of account due by the defendant to the plaintiff. It was commenced by attachment, under the Maryland act of 1795, c. 50; but the defendant appeared and gave special bail, and dissolved the attachment. The accounts between the parties appearing to the court to be very complicated, the court referred the accounts to an auditor, under the 12th section of the Maryland act of 1785, c. 80, which authorizes the court “to order the accounts and dealings between the parties to be audited and…
1Opinion of the Court
THE COURT (MORSÉLL, Circuit Judge, absent)
said that the defendant would have the same benefit at the trial of the issue, (to the extent of his exceptions,) as he would if he had formally pleaded or demurred before the auditor, according to the English form of proceedings in actions of account That the auditor’s report is of no avail, but to ascertain the points really litigated by the parties; and that what is not excepted to will be considered as admitted.
At the trial before the jury, at December term, 1826, Mr. Jones, for the plaintiff, offered to read the report of the auditor.
Mr. R. S.…
2Cases cited3 opinions
- Consequa v. FanningNew York Court of Chancery · 1818
- Murray & Murray v. Toland & MeadeNew York Court of Chancery · 1818
- Certiorari to the Quarter Sessions of Mifflin CountySupreme Court of Pennsylvania · 1808
3Cited by1 opinion
- McCullough v. GroffDistrict of Columbia Court of Appeals · 1883