Thomas v. Hunter
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action brought by the appellee against the appellant, to recover the amount of a promissory note made *by the latter on the 23rd of March, 1861, and payable ninety days after date to the order of the former, at the Bank of Baltimore. The plaintiff parted with the note before it fell due, and, entering the Confederate army, did not return to the State of Maryland until after the war.
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Appeal from the Court of Common Pleas. This was an action brought by the appellee against the appellant, to recover the amount of a promissory note made *by the latter on the 23rd of March, 1861, and payable ninety days after date to the order of the former, at the Bank of Baltimore. The plaintiff parted with the note before it fell due, and, entering the Confederate army, did not return to the State of Maryland until after the war. The defendant was a resident of Maryland at the date of the note, and so continued down to the time of the institution of this suit. At the time of the maturity…
1Opinion of the CourtMiller, J.
This case, by consent of parties, was submitted to the court and tried without the intervention of a jury; and before judgment entered a bill of exceptions was taken. The practice of the appellate court in such cases, as settled by Tinges v. Moal, 25 Md. 480, is that this court will not examine the facts in evidence, with a view to adjudge whether the finding of the court as to them was correct, and in this respect no appeal lies or will be entertained; but if a question of law is raised, and that appears from the record, it must be examined and decided, and in doing so, this court can look…
2Cases cited3 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Tinges v. MoaleCourt of Appeals of Maryland · 1866
- Bumgardner v. TaylorSupreme Court of Alabama · 1856
3Cited by5 opinions
- Jessup v. StateCourt of Appeals of Maryland · 1912
- Cross v. KentCourt of Appeals of Maryland · 1870
- Turner v. EaganCourt of Appeals of Maryland · 1911
- Ayres v. BaneSupreme Court of Iowa · 1874
- Trustees of the Methodist Episcopal Church v. BrowneCourt of Appeals of Maryland · 1873