Legal Opinion

Bush v. Linthicum

Court of Appeals of Maryland

Decided February 9, 1883No. OCTOBER TERM, 1882PublishedCited by 8 opinions

The case is stated in the following opinion delivered hy Judge Miller, in the Circuit Court: “It appears from the proceedings in this case, that the complainant, Linthicum, and the defendant, Weir, on the 23rd of January last, signed an elaborate written agreement of partnership, hy which they agreed to become co-partners in the business of a retail grocery and provision store, to be conducted and carried on in the city of Annapolis.

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The case is stated in the following opinion delivered hy Judge Miller, in the Circuit Court: “It appears from the proceedings in this case, that the complainant, Linthicum, and the defendant, Weir, on the 23rd of January last, signed an elaborate written agreement of partnership, hy which they agreed to become co-partners in the business of a retail grocery and provision store, to be conducted and carried on in the city of Annapolis. “ It is not necessary, at present, to refer to the terms of this contract, further than to say, it specifies no time for the continuance of the partnership.…

1Opinion of the CourtIrving, J.

The appellee having filed a bill for the dissolution of the partnership between himself and one Richard H. Weir, the case proceeded to answer and replication; and then an order to take testimony upon the motion to dissolve the injunction, and discharge the receiver, who had been appointed at the granting of the injunction. At this stage of the case, the defendant, who had answered under oath, and appeared by a solicitor, interposed, through the appellant his next friend, a plea of infancy, and prayed that the bill might be dismissed. Upon this plea being filed, a motion of ne recipiatur was…

2Cases cited1 opinion

  1. Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869

3Cited by8 opinions

  1. Paulson v. McMillanWashington Supreme Court · 1941
  2. Latrobe v. DietrichCourt of Appeals of Maryland · 1910
  3. Hopper v. BrodieCourt of Appeals of Maryland · 1917
  4. Jennings v. William A. Stannus & SonCourt of Appeals for the Ninth Circuit · 1911
  5. Shirk v. ShultzIndiana Supreme Court · 1888

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