State v. Ramsburg
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This appeal was taken by the plaintiffs from the action of the Court below overruling their demurrer, and giving judgment for the defendants upon an issue joined to a surrejoinder of nul tiel record filed by the plaintiff's, and tried before the Court. The facts are sufficiently stated in the opinion of this Court.
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Appeal from the Circuit Court for Frederick County. This appeal was taken by the plaintiffs from the action of the Court below overruling their demurrer, and giving judgment for the defendants upon an issue joined to a surrejoinder of nul tiel record filed by the plaintiff's, and tried before the Court. The facts are sufficiently stated in the opinion of this Court. “It is a general rule, that a verdict and judgment upon the merits in a former suit, are, in a subsequent action between the same parties, where the cause of action, damages, or demand is identically the same, conclusive against…
1Opinion of the CourtBowie, J.
We are relieved from the necessity of investigating the very protracted pleadings in this case, by an agreement of the counsel, incorporated in the record, of the following tenor :
“ The question intended to be presented to the Court of Appeals for their review in the appeal in this cause had, is that which is raised by the record pleaded by the defendants in bar of this suit, and the plea of ‘ mil tiel record,’ and that said record is not a bar to this suit replied by plaintiff; that this was the question only which was passed upon by tbe Circuit Court; that if the Court of Appeals be of…
2Cases cited4 opinions
- Barney v. Patterson's LesseeCourt of Appeals of Maryland · 1824
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Ranoul v. GriffieCourt of Appeals of Maryland · 1852
3Cited by19 opinions
- Dickey v. DickeyCourt of Appeals of Maryland · 1928
- Baltimore Luggage Co. v. LigonCourt of Appeals of Maryland · 1955
- Martin v. EvansCourt of Appeals of Maryland · 1897
- Harryman v. RobertsCourt of Appeals of Maryland · 1879
- Williams v. MessickCourt of Appeals of Maryland · 1940
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