Bushey v. Culler
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick county. This action was brought January 23rd, 1860, by the appellant against the appellee for breach of a contract between them.
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Appeal from the Circuit Court for Frederick county. This action was brought January 23rd, 1860, by the appellant against the appellee for breach of a contract between them. This contract, which is under seal, and hears date the 23rd of October, 1858, provides in substance, that a suit then pending between the parties should he entered settled, and that Culler should remove all obstructions in the channel of Ballinger’s creek, causing the water to flow-back upon the lands and mill of Bushey, placed there by Culler since Bushey’s purchase of the property in 1852, tbs intent being that Bashey…
1Opinion of the CourtBartol, J.
In our opinion, the question presented by the plaintiff’s first exception is settled by the decision in Bullitt vs. Musgrave, 3 Gill, 32. “Where from the nature of a submission the judgment of arbitrators may he influenced or enlightened by the adduction of- evidence, the parties are entitled, to notice of the time and place of their proceeding to investigate the matters submitted to them.” Such was the nature of the submission in this case; there was consequently no error in admitting evidence to prove that such notice was not given, to the defendant.
The ruling by the Circuit Court stated in…
2Cases cited3 opinions
- Chesley v. TaylorCourt of Appeals of Maryland · 1845
- Beall v. BlackCourt of Appeals of Maryland · 1843
- Ott v. DillCourt of Appeals of Maryland · 1854
3Cited by6 opinions
- Rohr v. AndersonCourt of Appeals of Maryland · 1879
- Lorentz v. RobinsonCourt of Appeals of Maryland · 1883
- Wilson v. Boor ex rel. HallCourt of Appeals of Maryland · 1874
- Porter v. BowersCourt of Appeals of Maryland · 1881
- Wood v. HelmeSupreme Court of Rhode Island · 1884
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