Gardiner v. Miles
Court of Appeals of Maryland
Appeal from St. Mary’s County Court. On the 1st January, 1844, the appellant, as the widow of Charles LI. Gardiner, issued a summons in dower against the appellee, for one-third part of the freehold in the tract of land, called “ Part Brambly,” which was of her late husband, &c.
Read the full summary
Appeal from St. Mary’s County Court. On the 1st January, 1844, the appellant, as the widow of Charles LI. Gardiner, issued a summons in dower against the appellee, for one-third part of the freehold in the tract of land, called “ Part Brambly,” which was of her late husband, &c. To the plaintiff’s declaration on such summons the defendant pleaded that the said C. Llewellen Gardiner, late husband of the said Eliza, neither on the day he married the said Eliza, nor ever afterwards, was seized of the tenements aforesaid, with the appurtenances whereof, &c. of such an estate, as he could thereof…
1Opinion of the CourtArcher, C. J.
The court are satisfied that the first plea which was demurred to, is not to be considered as withdrawn, by the putting in of the subsequent pleas. If put in at the same time with the subsequent pleas, this would be clear. If put in subsequently by way of amendment, such. amendment and filing of pleas cannot be considered either as a waiver of the first plea, or as a withdrawal of the pleas filed previously to the amendment.
To the first plea, issue was joined to the country. To the second, there was a demurrer, and joinder in demurrer—then the three successive pleas are each filed as…
2Cited by5 opinions
- Mitchell v. SellmanCourt of Appeals of Maryland · 1853
- Ellinger v. Mayor of BaltimoreCourt of Appeals of Maryland · 1900
- Mitchell v. WilliamsonCourt of Appeals of Maryland · 1854
- Abbott v. BowersCourt of Appeals of Maryland · 1904
- Keller v. StateCourt of Appeals of Maryland · 1914