Commissioners v. Bradford
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County (Watters, J.), where there was a verdict for plaintiff for $500. The defendant filed the following pleas : 1. For a first plea to the plaintiff’s amended declaration filed the 15 th day of March, 1901, the defendant says: It did not commit the wrong alleged. 2. And for a second plea to the plaintiff’s said amended declaration, the defendant says that the cause of action therein mentioned did not accrue within three years…
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Appeal from the Circuit Court for Harford County (Watters, J.), where there was a verdict for plaintiff for $500. The defendant filed the following pleas : 1. For a first plea to the plaintiff’s amended declaration filed the 15 th day of March, 1901, the defendant says: It did not commit the wrong alleged. 2. And for a second plea to the plaintiff’s said amended declaration, the defendant says that the cause of action therein mentioned did not accrue within three years before the bringing of this suit. 3. And for a third plea to the plaintiff’s said amended declaration the “defendant says…
1Opinion of the CourtPage, J.
This is an action to recover damages for the alleged diversion of a stream of water from the land of the plaintiff, who is here the appellee.
The original narr. contained but one count; subsequently a second was added; and during the trial on leave of the Court, an amended narr. was filed. As appears by the record the leave was asked and granted, not to amend by filing an additional count, but only to “file amended narr.” In such case the original narr. must be held to be withdrawn. Mitchell v. Williamson, 9 Gill, 77; Poe’s Practice, sec. 189.
The amended narr. alleges substantially that the…
2Cases cited6 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Mayor of Baltimore v. MerrymanCourt of Appeals of Maryland · 1898
- Pennsylvania Railroad v. MillerSupreme Court of Pennsylvania · 1886
- Mitchell v. WilliamsonCourt of Appeals of Maryland · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Superior Construction Co. v. ElmoCourt of Appeals of Maryland · 1954
- Conklin v. SchillingerCourt of Appeals of Maryland · 1969
- Goldstein v. Potomac Electric Power Co.Court of Appeals of Maryland · 1979
- Singer Co., Link Simulation Systems Division v. Baltimore Gas & Electric Co.Court of Special Appeals of Maryland · 1989
- New Mexico Products Co. v. New Mexico Power Co.New Mexico Supreme Court · 1937
12 more not listed; retrieve them via the Exa API.