Calvert v. Coxe
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of Assumpsit, commenced by the appellee against the appellant, on the 7th February 1837, to recover the value of certain professional services as an attorney and counsellor at law, rendered by the appellee to the testator of the appellant, and at his special instance and request. At October term 1837, the defendant pleaded non-assumpsit^ on which issue was joined.
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Appeal from Prince George’s County Court. This was an action of Assumpsit, commenced by the appellee against the appellant, on the 7th February 1837, to recover the value of certain professional services as an attorney and counsellor at law, rendered by the appellee to the testator of the appellant, and at his special instance and request. At October term 1837, the defendant pleaded non-assumpsit^ on which issue was joined. At the trial of the cause, the plaintiff offered in evidence the proceedings under a commission which issued on the 17th October 1838, which was rejected by the county…
1Concurrence
Dorsey, J.,
delivered the following opinion:
Differing in opinion with a majority of the court on some of the bills of exceptions, I proceed to state my own views of this case.
Whether the court below erred or not, in rejecting the testimony taken under the first commission issued in this cause, is a question not before us for decision, on the present appeal.
Our first inquiry is, was there error in the county court’s admitting the testimony under the second commission, to go to the jury ? For its rejection various reasons have been assigned ; as well in respect to the time and manner of its…
2Cases cited1 opinion
- Law v. ScottCourt of Appeals of Maryland · 1822