Legal Opinion

Baltimore Cemetery Co. v. First Independent Church of Baltimore

Court of Appeals of Maryland

Decided March 8, 1859PublishedCited by 2 opinions

Appeal from the Court of Common Pleas. This was an action of debt, brought by the appellee against tbe appellant, on the 7th of January 1856. Tbe contract on which the suit was brought, the pleadings, and the reasons for the motion in arrest of judgment, are fully stated in the opinion of this court.

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Appeal from the Court of Common Pleas. This was an action of debt, brought by the appellee against tbe appellant, on the 7th of January 1856. Tbe contract on which the suit was brought, the pleadings, and the reasons for the motion in arrest of judgment, are fully stated in the opinion of this court. At the trial an exception was taken, to the refusal of the court (Marshall, J.) to grant two instructions asked for by the defendant, but as the case was decided in this court, entirely upon the motion in arrest, these prayers need not be stated. The verdict and judgment were in favor of the…

1Opinion of the CourtEccleston, J.

This is an action of debt instituted by “The First Independent Church of Baltimore,” against “The Baltimore Cemetery Company,” upon a sealed instrument of writing.

The declaration states: “And whereupon the said church, plaintiff in this action, by Brown &- Bruñe, its attorneys, complains, that whereas, by a certain agreement, made on the twelfth day of August, in the year eighteeu hundred and fifty, to wit, at the city aforesaid, which said agreement, sealed with the seal of the said defendant, the said plaintiff now brings into court here, the date whereof is the day and year aforesaid, it…

2Cited by2 opinions

  1. Seigman v. HoffackerCourt of Appeals of Maryland · 1881
  2. Coulter v. Trustees of the Western Theological Seminary of the Presbyterian Church of the United StatesCourt of Appeals of Maryland · 1868

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