Williams v. Higgins
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This action was brought by the appellee, in his individual capacity and as trustee for his wife, to recover from the appellant, as executor of Cornelius McLean, deceased, the sum of $1,500, with interest from the 10th July, 1860, alleged to have been placed in the hands of said McLean by Mrs. Higgins, wife of the appellee, to be invested by him in real estate for her use.
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Appeal from the Circuit Court for Anne Arundel County. This action was brought by the appellee, in his individual capacity and as trustee for his wife, to recover from the appellant, as executor of Cornelius McLean, deceased, the sum of $1,500, with interest from the 10th July, 1860, alleged to have been placed in the hands of said McLean by Mrs. Higgins, wife of the appellee, to be invested by him in real estate for her use. The suit was originally brought in the names of James Higgins and Eliza Higgins, as eo-plaintiffs, but by admission of counsel, it was agreed that an amended nar. had…
1Opinion of the CourtBrest, J.
The first exception taken by the appellant, who was the defendant below, was to the competency of Mrs. Higgins, who was allowed to testify upon the offer of the plaintiff. Conceding she was incompetent under the Act of 1864, ch. 109, section 2, a majority of this Court thinks it furnishes no sufficient reason for a reversal of the judgment. If the appellant was not prejudiced by the testimony, no matter how erroneously admitted, it forms no ground for a reversal. The numerous decisions of this Court have been uniform in establishing this practice, and it is too conclusively settled to admit…
2Cases cited6 opinions
- Hanson v. Campbell's LesseeCourt of Appeals of Maryland · 1863
- Anderson v. GarrettCourt of Appeals of Maryland · 1850
- Peters v. HoodCourt of Appeals of Texas · 1884
- State ex rel. Robey v. TurnerCourt of Appeals of Maryland · 1836
- Chapman v. WilliamsCourt of Appeals of Maryland · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wheeler v. Harrison & ByrdCourt of Appeals of Maryland · 1901
- Trustees of the Methodist Episcopal Church v. BrowneCourt of Appeals of Maryland · 1873
- Van Nixon v. StateCourt of Special Appeals of Maryland · 2001
- Battelle v. CushingDistrict of Columbia Court of Appeals · 1892
- Oliver v. CameronDistrict of Columbia Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.