Sewell v. Gardner
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action of assumpsit brought hy the appellee in the Court of Common Pleas of Baltimore City, on the 31st of August, 1875, to recover from the appellant a sum of money alleged to have been received hy him as proceeds of the sale of certain shares of stock of the Baltimore City Passenger Railway Company, to which proceeds the plaintiff claimed to he entitled.
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Appeal from the Circuit Court for Howard County. This was an action of assumpsit brought hy the appellee in the Court of Common Pleas of Baltimore City, on the 31st of August, 1875, to recover from the appellant a sum of money alleged to have been received hy him as proceeds of the sale of certain shares of stock of the Baltimore City Passenger Railway Company, to which proceeds the plaintiff claimed to he entitled. At the January Term, 1876, of said Court, before the pleas were filed, an order was filed by the plaintiff’s attorney, directing a commission to issue to Thomas J. Hunt of…
1Opinion of the CourtStewart, J.
The first and second exceptions are taken to the admission of the commission, and evidence thereunder, introduced on the part of the plaintiff.
Art. 37, sec. 15, of the Code, requires the depositions of non-resident witnesses to be taken under a commission, in the same manner as if issued from a Court of equity, and secs. 141, 142 and 143 of Art. 16, of the Code, provide for such commission to be issued to two persons, unless by consent, when it may he issued to one- — if issued to two, either one may execute the same. The 27th Rule off the Court of Common Pleas, cannot be construed to…
2Cases cited1 opinion
- Franklin Bank v. Pennsylvania, Delaware & Maryland Steam Navigation Co.Court of Appeals of Maryland · 1839
3Cited by6 opinions
- Proctor Electric Co. v. ZinkCourt of Appeals of Maryland · 1958
- Smith v. BriscoeCourt of Appeals of Maryland · 1886
- Murphy v. StateCourt of Appeals of Maryland · 1913
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- Billingslea v. SmithCourt of Appeals of Maryland · 1893
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