Herzberg v. Sachse
Court of Appeals of Maryland
Appeal from the Baltimore City Court.' The case is stated, in the opinion of the Court. First and Second Exceptions stated in the opinion of the Court.
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Appeal from the Baltimore City Court.' The case is stated, in the opinion of the Court. First and Second Exceptions stated in the opinion of the Court. Third Exception. — The plaintiffs offered the following prayer: That if the jury find that the plaintiff, in behalf of his wife, Caroline, and the defendant, Seligman Herzberg, about the first day of June, 1880, exchanged the mare in question, and forty dollars cash money, the property and money of said Caroline Sachse, for a mare, the property of said Herzberg, and by the terms of the exchange Herzberg warranted his mare sound, gentle and…
1Opinion of the CourtIrving, J.
This was an action of replevin brought in the name of husband and wife jointly to recover property, alleged in the declaration to be the property of the wife. The defendants, who are appellants, were sued jointly and severed in pleading. The defendant, Herzberg, pleaded non cepit and property in his co-defendant, New; who pleaded non cepit and property not in plaintiffs but in himself. The trial resulted in two verdicts: one against New for the property, and one against Herzberg for the property mentioned in the writ and forty dollars damages. Judgment was entered accordingly, and this appeal…
2Cases cited5 opinions
- Bridges v. McKennaCourt of Appeals of Maryland · 1859
- Powell v. Josiah Bradlee & Co.Court of Appeals of Maryland · 1837
- Barr v. WhiteCourt of Appeals of Maryland · 1864
- Rogers v. RobertsCourt of Appeals of Maryland · 1882
- Frazier v. WhiteCourt of Appeals of Maryland · 1878
3Cited by7 opinions
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- Courtney v. William Knabe & Co. Manufacturing Co.Court of Appeals of Maryland · 1903
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