Day v. Day
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of trespass vi et armis, instituted on the-28th of March 1848, by the appellee against the appellants, and two others, who were returned non sunt, to recover damages for an assault and false imprisonment. The appellants appeared and pleaded: — 1st. Noncul. 2nd, Non cul infra annum. 3rd.
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Appeal from Baltimore county court. This was an action of trespass vi et armis, instituted on the-28th of March 1848, by the appellee against the appellants, and two others, who were returned non sunt, to recover damages for an assault and false imprisonment. The appellants appeared and pleaded: — 1st. Noncul. 2nd, Non cul infra annum. 3rd. A plea of justification, averring that the defendant, Gorsuch, was a justice of the peace for Baltimore county, and had view of a nuisance committed by the plaintiff, in the obstruction of the navigation and fishery of Gunpowder river, and for this caused…
1Opinion of the CourtLe Grand, C. J.
This action was instituted by the appellee, to recover damages for an assault and for false imprisonment. From the evidence it appeared, that William and John Day were the owners of adjoining fishing shores on the Gunpowder river, near its confluence with Bird river, and that the shore of William “had been immemorially used as a fishery,” and that although John, “at one period,” was in the habit of fishing higher up the stream, and in front of his own shore, the latter fishery ceasing to be advantageous, he shifted the range of his seine within the last three years preceding the institution…
2Cases cited3 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Kennedy v. BoggsCourt of Appeals of Maryland · 1822
- President of the Delaware & Maryland Rail Road v. StumpCourt of Appeals of Maryland · 1837
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- Eck v. State Tax Comm. of Md.Court of Appeals of Maryland · 1954
- Craig v. BurnettSupreme Court of Alabama · 1858
- Maryland Telephone & Telegraph Co. v. RuthCourt of Appeals of Maryland · 1907
- Board of County Commissioners v. PindellCourt of Appeals of Maryland · 1912
- Blackburn v. BeallCourt of Appeals of Maryland · 1864
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