Legal Opinion

Proprietary v. Pearce

Court of Appeals of Maryland

Decided April 15, 1764PublishedCited by 5 opinions

DEBT on an administration bond 5 plea non est factum, and issue joined. The bond was dated 17th August, 1727_ The declaration set forth a bond dated 17th June, 1727. Garnet moved to amend the narr. by the bond 1 and to justify the amendment, he cited 1 Barnes, 3.6,7. 2 Barnes, 4. Cro. Car. 147. Co. Prac. 26. 3 Lon. 347. Fitzg. 193. The determination of Courts on matters of practice are, that the Courts have a discretionary power in regulating their own practice.

Read the full summary

DEBT on an administration bond 5 plea non est factum, and issue joined. The bond was dated 17th August, 1727_ The declaration set forth a bond dated 17th June, 1727. Garnet moved to amend the narr. by the bond 1 and to justify the amendment, he cited 1 Barnes, 3.6,7. 2 Barnes, 4. Cro. Car. 147. Co. Prac. 26. 3 Lon. 347. Fitzg. 193. The determination of Courts on matters of practice are, that the Courts have a discretionary power in regulating their own practice. By 12 Mod. 442. the plaintiff on an amendment may pay costs or grant an imparlance. The Courts will not countenance amendments,…

1Opinion of the Court

*224The motion did not prevail, the Chief Justice saying that the defendant would be barred of this defence, it being too late to have an imparlance,

Jennings’s notes.

2Cited by5 opinions

  1. Durham v. RhodesCourt of Appeals of Maryland · 1865
  2. Bruns v. HeiseCourt of Appeals of Maryland · 1905
  3. Demill v. ReidBaltimore City Circuit Court · 1889
  4. Reed v. CampbellU.S. Circuit Court for the District of District of Columbia · 1862
  5. Reed v. CampbellCourt of Appeals for the D.C. Circuit · 1862

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API