Legal Opinion

Cooke v. Curtis

Court of Appeals of Maryland

Decided June 15, 1823PublishedCited by 14 opinions

Appeal from Baltimore county court. -Ejectment for a tract of land called Barman's Forest. The general issue was pleaded; and'at the trial the defendant (now appellant,) offered to read, and did read in evidence to the jury, the following affidavit, having first proved the deponent’s death, and the same having been taken at the time it bears date, and haying been agreed to be read in evidence in case the deponent should die, viz. “State of Maryland. Baltimore county, sc.

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Appeal from Baltimore county court. -Ejectment for a tract of land called Barman's Forest. The general issue was pleaded; and'at the trial the defendant (now appellant,) offered to read, and did read in evidence to the jury, the following affidavit, having first proved the deponent’s death, and the same having been taken at the time it bears date, and haying been agreed to be read in evidence in case the deponent should die, viz. “State of Maryland. Baltimore county, sc. On this 17th day of July 1819, before the subscriber a justice of the peace in and for the county aforesaid, comes Dr,…

1Opinion of the Court

The opinion of the court was delivered by

Büchánan, J.

We can perceive.no good reason why the evidence offered and rejected should not have been re» ceived in corroboration of wha.t was sworn to in the deposition of Doctor Kingsmore, a sufficient foundation for that corroborating testiipony being laid by the plaintiff, in offering evidence that Kingsmore was not present at the birth of- any of Mrs. Cooke’s children, which was substantially to impeach his credibility. And where the credibility of a witness is attacked by the opposite party, his prior declarations may be given in evidence to show…

2Cited by14 opinions

  1. Lanasa v. StateCourt of Appeals of Maryland · 1909
  2. McAleer v. HorseyCourt of Appeals of Maryland · 1872
  3. Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
  4. Gill v. StaylorCourt of Appeals of Maryland · 1901
  5. Nichols v. StewartSupreme Court of Alabama · 1852

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