Legal Opinion

O'Neal v. Board of School Commissioners

Court of Appeals of Maryland

Decided June 21, 1867PublishedCited by 17 opinions

Appeal from the Circurt Court for Washington County. The facts of the case are sufficiently stated in the opinof the Court. At the trial below there were five bills of exceptions taken by the appellant, the first and second of which are omitted, as the questions therein raised, being to the admissibility of evidence, are presented in the fifth exception.

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Appeal from the Circurt Court for Washington County. The facts of the case are sufficiently stated in the opinof the Court. At the trial below there were five bills of exceptions taken by the appellant, the first and second of which are omitted, as the questions therein raised, being to the admissibility of evidence, are presented in the fifth exception. Third Exception: The plaintiff's called as a witness Thomas Maddox, by whom they proposed to prove that the defendant admittéd that he had collected and had in his hands the snm of $1,400, for and on account of the school fund collected under…

1Opinion of the CourtBaetol, J.

This is an action of assumpsit by the appellees against the appellant. The declaration contains, among others, a count for money had and received by defendant to the use of the plaintiffs, and for money found due plaintiffs on an account stated.

In the bill of particulars filed, it is stated that “ the amount claimed is $417.57, balance due upon the levy, for the benefit of the school fund placed in the defendant’s hands for collection, as collector of the county taxes *238for the year 1854, with interest thereon from six months after the date of the levy.”

The facts of the case as disclosed by the…

2Cases cited4 opinions

  1. Waters v. StateCourt of Appeals of Maryland · 1843
  2. Long v. EakleCourt of Appeals of Maryland · 1853
  3. Owings's Ex'rs v. OwingsCourt of Appeals of Maryland · 1827
  4. State v. StewartGeneral Court of Virginia · 1799

3Cited by17 opinions

  1. Marchant v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924
  2. Yamhill County v. FosterOregon Supreme Court · 1909
  3. Fisher & Carozza Bros. v. MacKallCourt of Appeals of Maryland · 1921
  4. Village of Olean v. . KingNew York Court of Appeals · 1889
  5. Goldsborough v. Postal Telegraph Cable Co.Court of Appeals of Maryland · 1914

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