State ex rel. Johnson v. Green
Court of Appeals of Maryland
Appear from Charles County Court. On the 10th of July, 1826, the appellants, Johnson and wife, formerly Mary Coomes, instituted an action against the appellee, on the testamentary bond of one Teresa Coomes, as executrix of Wm. Coomes, dated July 29th, 1799, in the penalty of £5000 - the said Teresa Coomes having subsequently intermarried with James R. Green, the testator of the appellee.
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Appear from Charles County Court. On the 10th of July, 1826, the appellants, Johnson and wife, formerly Mary Coomes, instituted an action against the appellee, on the testamentary bond of one Teresa Coomes, as executrix of Wm. Coomes, dated July 29th, 1799, in the penalty of £5000 - the said Teresa Coomes having subsequently intermarried with James R. Green, the testator of the appellee. After various continuances, and amendments of the pleadings, the appellants asked and obtained leave to amend their declaration; and in pursuance thereof, at March term, 1831, declared on a bond executed by…
1Opinion of the CourtDorsey, J.
The record presents two questions for determination. The first is, can the plea of limitations be amended, where the amended plea is filed, before the rule day has expired ?
We are of opinion that it cannot. This court have said in Wall vs. Wall, 2 Harr, and Gill, 79, that “the plea of limitations has been adjudged not to be a plea to the merits ; and the universal practice has accordingly been, never to permit it to be amended ; and to demand that it should be filed by the rule day.” The County Court therefore erred in refusing the plaintiff’s prayer, that the amended plea of limitations…
2Cited by3 opinions
- Byrd v. State ex rel. StewartCourt of Appeals of Maryland · 1876
- Thanhauser v. SavinsCourt of Appeals of Maryland · 1876
- Scaggs v. ReillyCourt of Appeals of Maryland · 1898