Trieber v. Blocher
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany county. Trespass vi et armis, by the appellant against the appellee, then sheriff of Allegany county, for taking and carrying away certain goods and chattels belonging to the plaintiff. The pleas were, 1st, non cul, upon which issue was joined, and six others, which are sufficiently stated in the opinion of this court, and to which the plaintiff demurred.
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Appeal from the Circuit Court for Allegany county. Trespass vi et armis, by the appellant against the appellee, then sheriff of Allegany county, for taking and carrying away certain goods and chattels belonging to the plaintiff. The pleas were, 1st, non cul, upon which issue was joined, and six others, which are sufficiently stated in the opinion of this court, and to which the plaintiff demurred. The court, (Perry, J.,) overruled this demurrer and gave judgment for the defendant, from which the plaintiff appealed.
1Opinion of the CourtEccleston, J.
The principle chiefly relied upon by the appellee’s counsel for an affirmance of the decision below is, that when a party having a choice between two or more remedies for an injury, thinks proper, voluntarily, to select one, which does not afford him as full redress as another might have given, he cannot, after a recovery in that which has been selected, resort to a different form of action, although his object may lie to recover only such sum as, when added to the amount obtained in the first suit, would be equivalent to what he might have recovered in the second form of action, had that…
2Cases cited1 opinion
- Ranahan v. O'NealeCourt of Appeals of Maryland · 1834
3Cited by8 opinions
- Thomson v. Baltimore & Susquehanna Steam Co.Court of Appeals of Maryland · 1870
- Richardson v. HallCourt of Appeals of Maryland · 1864
- Hall v. RichardsonCourt of Appeals of Maryland · 1860
- Turner v. LytleCourt of Appeals of Maryland · 1882
- Fetterhoff v. SheridanCourt of Appeals of Maryland · 1902
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