Tomlinson's Lessee v. Devore
Court of Appeals of Maryland
Appeal from Allegany County Court. This was an action of Ejectment, brought on the 5th Oct. 1836, for a tract of land called “ Sampson's Riddle Amended.” The defendant took defence on his title, and pleaded not guilty.
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Appeal from Allegany County Court. This was an action of Ejectment, brought on the 5th Oct. 1836, for a tract of land called “ Sampson's Riddle Amended.” The defendant took defence on his title, and pleaded not guilty. At the trial of the cause, the parties agreed, “that no objection shall be made to the suit by the defendant’s counsel, on the ground that the said Tomlinson appeared by attorney, instead of his trustee, but that the said suit shall stand as though said Tomlinson appeared by his trustee. The plaintiff, on his part agrees, that if it be a valid objection to said suit, because…
1Opinion of the CourtSpence, J.
The statement of facts agreed to, and upon which the court below instructed the jury in this case, presents for the revision of this court, a question of great importance and interest.
Questions of jurisdiction in relation to courts must always be important, because they are questions which ascertain the limits of judicial power; and in this case, it is one of peculiar interest, arising from the character of the infirmity of the individual, which, it is insisted, exempts him from the jurisdiction of the courts of law.
The argument of the appellant’s counsel conceded that the courts of common…
2Cited by10 opinions
- Royston v. HornerCourt of Appeals of Maryland · 1892
- Shirk v. SoperCourt of Appeals of Maryland · 1923
- Elliott v. KnottCourt of Appeals of Maryland · 1859
- Wampler v. WolfingerCourt of Appeals of Maryland · 1859
- Harris v. HooperCourt of Appeals of Maryland · 1879
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