Montgomery v. Murphy
Court of Appeals of Maryland
Appeal from, tbo Superior Court of Baltimore city. Tbis was an action of assvmpsit, brought by tbe appellee against tbe appellant, on the 15th clay of December 1854, to recover the amount of an open account of $1,520.68. Tho appeal is from tho action of the Court below (Martin, J.) overruling a motion of the appellant to strike out a judgment by confession alleged to have been entered in the case by mistake, and to enter said judgment as a judgment of non pros.
Read the full summary
Appeal from, tbo Superior Court of Baltimore city. Tbis was an action of assvmpsit, brought by tbe appellee against tbe appellant, on the 15th clay of December 1854, to recover the amount of an open account of $1,520.68. Tho appeal is from tho action of the Court below (Martin, J.) overruling a motion of the appellant to strike out a judgment by confession alleged to have been entered in the case by mistake, and to enter said judgment as a judgment of non pros. The case is stated in the opinion of this Court.
1Opinion of the CourtGoldsbobougii, J.
The appeal in this case was taken from the action of the Superior Court of Baltimore city, overruling the motion of the appellant to strike out a judgment entered against him in that Court, on the 15th day of September 1855.
The motion to strike out the judgment was filed on the 9th day of January 1857, and the appellant assigned as the reasons for the motion, that the judgment was entered by mislalce, and was not the proper judgment to be entered.
"We find from the record that the appellee instituted suit against the appellant to recover $3,000 for work and labor, and for goods sold and…
2Cases cited1 opinion
- Kemp v. CookCourt of Appeals of Maryland · 1861
3Cited by11 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- Abell v. Simon ex rel. SimonCourt of Appeals of Maryland · 1878
- Craig v. WrothCourt of Appeals of Maryland · 1877
- Coulbourn v. FlemingCourt of Appeals of Maryland · 1893
- Sarlouis v. Firemen's InsuranceCourt of Appeals of Maryland · 1876
6 more not listed; retrieve them via the Exa API.