Williams v. Banks
Court of Appeals of Maryland
Appeal from Baltimore county court. Assumpsit against the appellants by the appellee, as holder of a promissory note drawn by the appellants’ intestate. Exception. The only exception in the case was taken by the defendants to the refusal of the court, (Frick C. J., and Le Grand A. J.,) to admit the deposition of William Chase Barney, taken under the circumstances stated in the opinion of this court.
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Appeal from Baltimore county court. Assumpsit against the appellants by the appellee, as holder of a promissory note drawn by the appellants’ intestate. Exception. The only exception in the case was taken by the defendants to the refusal of the court, (Frick C. J., and Le Grand A. J.,) to admit the deposition of William Chase Barney, taken under the circumstances stated in the opinion of this court. The deposition showed the court that the counsel of the appellee appeared before the commissioner at the time of the execution of the deposition, which had by consent been postponed, and…
1Opinion of the Court
Mason, J.,
delivered the opinion óf this court'.-
As there is no question made upon the pleadings in thik case, we deem it unnecessary to' refer to them.
On the 8th of December 1848, the county court, upon application of the defendants', ordered the testimony of William' Chase Barney to be taken' under the act of 1828, ch. 165, before one of the commissioners of that court, on the 12th day of December 1848, to be used de bene esse, provided a copy of the order be duly served on the plaintiff or his attorney. The' order was regularly served', and Barney’s testimony was taken by the commissioner…
2Cases cited2 opinions
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
- Young v. MackallCourt of Appeals of Maryland · 1853
3Cited by3 opinions
- Roberts Bros. v. Consumers Can Co.Court of Appeals of Maryland · 1905
- Quynn v. BrookeCourt of Appeals of Maryland · 1864
- Lockhart v. MacKenzie, etc.S.Hawaii Supreme Court · 1955