Legal Opinion

Schaub v. O'Ferrall

Court of Appeals of Maryland

Decided October 25, 1911PublishedCited by 19 opinions

Appeal from the Superior Court of Baltimore City (Ei/liott, J.). The cause was submitted to Boyd, C. J., Briscoe, Pearce, Burke, Pattison, Ur nee, and Stockbridge, JJ.

1Opinion of the CourtPattison, J.

The question presented by this appeal is one of pleading and involves only the sufficiency of the averments of the third amended declaration. To this declaration the defendants demurred, and the Court below sustained -the demurrer and entered judgment for the defendants for costs, from which judgment this appeal was taken.

As we are to determine whether the ruling of the lower Court was correct in sustaining the demurrer to the declaration, it will be well for us to set forth the declaration, which is as follows:

“For that this plaintiff (Schaub) was in the month of September, nineteen hundred…

2Cases cited3 opinions

  1. Kimball v. HarmanCourt of Appeals of Maryland · 1871
  2. Smith v. LewisNew York Supreme Court · 1808
  3. Hunckel v. VoneiffCourt of Appeals of Maryland · 1888

3Cited by19 opinions

  1. Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
  2. Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
  3. Offen v. BrennerCourt of Appeals of Maryland · 2007
  4. Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
  5. Klein v. WhiteheadCourt of Special Appeals of Maryland · 1978

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