Stockett v. Sasscer
Court of Appeals of Maryland
.Appeal from tlie Circuit Court for Prince George’s county. Assumpsit instituted by the appellant’s intestate against the appellee upon an open account, commencing in June 1845 and ending in August 1848. The suit was begun on the 29th of September 1852. Tlie defendant appeared by attorney at the following November term of tlie court.
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.Appeal from tlie Circuit Court for Prince George’s county. Assumpsit instituted by the appellant’s intestate against the appellee upon an open account, commencing in June 1845 and ending in August 1848. The suit was begun on the 29th of September 1852. Tlie defendant appeared by attorney at the following November term of tlie court. The nar was filed on the 22nd of March 1853, containing the common money counts, accompanied by a copy of the account on which the suit was brought. The plaintiff, Locke, died in July 1853, and his death was suggested at tlie following November term of the court,…
1Opinion of the CourtTuck, J.
It appears by the docket entries set out in the first exception, and also from the pleadings in the cause, that the plaintiff had filed his replication to the plea of limitations, to which the defendant had joined issue, before the ne recipiatur was entered to that plea. The irregularity, if any, as to the time of filing the plea was thereby waived, and we approve of the court’s refusal to strike it from the rolls. 3 Ch. Genl. Pr., 461, 509. Macnamara on Nullities and Irregularities, 17, 18, 171. 1 Sellon's Pr., 102. 6 H. & J., 272, Benson vs. Davis.
*378The second exception was taken to the…
2Cases cited11 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Oliver v. GrayCourt of Appeals of Maryland · 1827
- Ellicott v. NicholsCourt of Appeals of Maryland · 1848
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
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3Cited by14 opinions
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- Vogel v. GrantCourt of Appeals of Maryland · 1984
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