Burns v. Gallagher
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an amicable suit brought by the appellees against the appellants for the purpose of determining the question of the right of the former to the use of an alley in the rear of their premises, as a way and as a drain. The case is stated in the opinion of the Court. The following plat will facilitate the understanding of the matters in controversy:
1Opinion of the CourtAlvey, C. J.
This case was tried in the Court helow before the Judge without the assistance of a jury; and the finding of the Judge upon the evidence was for the plaintiffs. The finding is general, without the enumeration of the facts found to be established by the evidence ; and this Court, of course, has no power to review the finding of the Court helow upon the evidence, farther than to determine, upon prayer raising such question, whether there be evidence legally sufficient to be considered. The plaintiffs propounded no legal proposition for the determination of the Court; and the first four prayers…
2Cases cited2 opinions
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Mitchell v. SeipelCourt of Appeals of Maryland · 1880
3Cited by34 opinions
- Condry v. LaurieCourt of Appeals of Maryland · 1945
- Tong v. FeldmanCourt of Appeals of Maryland · 1927
- Greenwalt v. McCardellCourt of Appeals of Maryland · 1940
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Larue v. Greene County BankTennessee Supreme Court · 1942
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