Warfield v. Walter
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of trespass de bonis asportatis, commenced at January term 1837, by the appellee against the appellants, The declaration was for, that the defendants on the 25th July 1836, took and carried away the goods, &c. to wit, &c. whereby, &c. for a long time, to wit, for the space of, &c. the plaintiff was deprived of the profitable use thereof, and other wrongs then and there did. The defendants pleaded not guilty.
Read the full summary
Appeal from Baltimore County Court. This was an action of trespass de bonis asportatis, commenced at January term 1837, by the appellee against the appellants, The declaration was for, that the defendants on the 25th July 1836, took and carried away the goods, &c. to wit, &c. whereby, &c. for a long time, to wit, for the space of, &c. the plaintiff was deprived of the profitable use thereof, and other wrongs then and there did. The defendants pleaded not guilty. The cause was tried in the county court at September term 1838. First Exception. — At the trial, the plaintiff to support the issue…
1Opinion of the CourtStephen, J.
We think the court below were right in the opinions given by them in the first and second exceptions; but that they erred in those expressed in the third and fourth.
In the first exception, Hiram C. Walter was offered as a witness by the plaintiff, to prove the taking of the property mentioned in the declaration, and the amount of injury sustained by her; but the defendants objected to his being sworn as a witness in the cause, because of his liability to warrant and defend the title of the plaintiff under the said bill of sale. This objection was overruled by the court, and the witness was…
2Cited by5 opinions
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Burgess v. LloydCourt of Appeals of Maryland · 1854
- Baltimore & Ohio Railroad v. RueterCourt of Appeals of Maryland · 1911
- Lamotte v. WisnerCourt of Appeals of Maryland · 1879
- Seldner v. SmithCourt of Appeals of Maryland · 1874