Roloson v. Carson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellant against the appellee, to recover for damages sustained by reason of the alleged defective and unworkmanlike manner in which defendant had built a warehouse under an agreement with the plaintiff', in consequence of which die warehouse fell down.
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Appeal from the Superior Court of Baltimore city. Assumpsit by the appellant against the appellee, to recover for damages sustained by reason of the alleged defective and unworkmanlike manner in which defendant had built a warehouse under an agreement with the plaintiff', in consequence of which die warehouse fell down. Plea, non assumpsit, with an agreement that either party may give in evidence any matter which he could rely on by any form or mode of pleading. 1st Exception. The plaintiff offered in evidence the agreement, by which the defendant contracted to build a warehouse for the…
1Opinion of the CourtEccleston, J.
The questions of most importance in the cause are those which relate to the award, we therefore intend directing our attention to them first; although they are presented by the plaintiff’s prayers, numbered from two to six, inclusive, which are to be found in the third and last bill of exceptions.
In England, when an award made under a reference in pais is sued upon, or is used in defence, in a court of law, it cannot be impeached for matters dehors the award. And when the injured party wishes to relieve himself from such an instrument, by proof aliunde, he must file a bill in equity to set it…
2Cases cited4 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- Ebert v. EbertCourt of Appeals of Maryland · 1853
- Cromwell v. OwingsCourt of Appeals of Maryland · 1823
- Stone v. RafterGeneral Court of Virginia · 1802
3Cited by27 opinions
- Bel Pre Medical Center, Inc. v. Frederick Contractors, Inc.Court of Special Appeals of Maryland · 1974
- Board of Education v. Prince George's County Educators' Ass'nCourt of Appeals of Maryland · 1987
- WSC/2005 LLC v. Trio Ventures Assocs.Court of Appeals of Maryland · 2018
- Mayor of Baltimore v. Allied Contractors, Inc.Court of Appeals of Maryland · 1964
- United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
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