Hatton v. McClish
Court of Appeals of Maryland
Appeal from Prince Georges county court. Assumpsit by the appellee against the appellant, on an account against the estate of Henry D. Platton, the defendant’s intestate.
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Appeal from Prince Georges county court. Assumpsit by the appellee against the appellant, on an account against the estate of Henry D. Platton, the defendant’s intestate. The declaration contains two counts: — 1st, that said Hatton in his lifetime was indebted to the plaintiff for sundry articles properly chargeable in account, as by a particular account thereof herewith exhibited appears; 2nd, at quantum meruit count for goods sold and delivered by the plaintiff to said Hatton in his lifetime. The case was tried upon issues joined on the pleas of non assumpsit” and “no assets.” The plea of…
1Opinion of the CourtMason, J.
There are two modes by which notice may be given of the execution of a foreign commission to take testimony. One is, actual notice, to be given directly by the commissioners; the other is constructive notice, and results from the filing of interrogatories in the office of the clerk before the commission goes out. The object of this notice is to enable the opposite party to file cross-interrogatories, and in either case the notice must be given a reasonable time before the testimony is taken. In the case now before us, the defendant had both actual and constructive notice of the time and place…
2Cases cited3 opinions
- Tyson v. ShueeyCourt of Appeals of Maryland · 1853
- State v. CarletonCourt of Appeals of Maryland · 1843
- Parker v. SedwickCourt of Appeals of Maryland · 1853
3Cited by11 opinions
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Kinsey v. MinnickCourt of Appeals of Maryland · 1875
- Lynch v. RogersCourt of Appeals of Maryland · 1940
- Trahern ex rel. Trahern v. ColburnCourt of Appeals of Maryland · 1885
- Winakur v. SapournCourt of Appeals of Maryland · 1929
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