McNamee v. Minke
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This suit was instituted by the appellant against the appellee, in the Circuit Court for Allegany County, whence upon the suggestion and affidavit of the plaintiff, it was removed to the Circuit Court for Montgomery County, where it was tried, resulting in a verdict for the plaintiff. On motion of the defendant, the Court granted a new trial.
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Appeal from the Circuit Court for Howard County. This suit was instituted by the appellant against the appellee, in the Circuit Court for Allegany County, whence upon the suggestion and affidavit of the plaintiff, it was removed to the Circuit Court for Montgomery County, where it was tried, resulting in a verdict for the plaintiff. On motion of the defendant, the Court granted a new trial. Subsequently, upon the suggestion and affidavit of the defendant, the causé was removed to the Circuit- Court for Howard County, where it was tried! The case is stated in the opinion of this Court. A…
1Opinion of the CourtAlvey, J.
This is an action on the case for a malicious prosecution of an ejectment suit against the appellant by the appellee.
To the declaration as amended the appellee pleaded five pleas. 1st, That he did not commit the wrongs alleged ; 2nd and 3rd, That he did not commit the wrongs alleged within three years, and that the cause of action did not accrue within three years, before action brought; 4th, Nvl tiel record of the ejectment suit alleged in the declaration ; and 5th, That the action of ejectment was not ended as alleged in the declaration.
To the second plea there was a demurrer, and that plea…
2Cases cited1 opinion
- Minke's Lessee v. McNameeCourt of Appeals of Maryland · 1869
3Cited by37 opinions
- Keys v. Chrysler Credit Corp.Court of Appeals of Maryland · 1985
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Bartlett v. ChristhilfCourt of Appeals of Maryland · 1888
- Krashes v. WhiteCourt of Appeals of Maryland · 1975
- Smith v. Michigan Buggy Co.Illinois Supreme Court · 1898
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