Calvert v. Coxe
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of Assumpsit, commenced by the appellee against the appellant, on the 7th February 1837, to recover the value of certain professional services as an attorney and counsellor at law, rendered by the appellee to the testator of the appellant, and at his special instance and request. At October term 1837, the defendant pleaded non-assumpsit^ on which issue was joined.
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Appeal from Prince George’s County Court. This was an action of Assumpsit, commenced by the appellee against the appellant, on the 7th February 1837, to recover the value of certain professional services as an attorney and counsellor at law, rendered by the appellee to the testator of the appellant, and at his special instance and request. At October term 1837, the defendant pleaded non-assumpsit^ on which issue was joined. At the trial of the cause, the plaintiff offered in evidence the proceedings under a commission which issued on the 17th October 1838, which was rejected by the county…
1Opinion of the CourtArcher, J.
I am directed by the court to say that they approve of the opinion expressed by Judge Dorsey on all the exceptions in this case, except on the third and fifth exceptions of the appellant.
I am further directed by a majority of the court on the third exception, to say that they think the court below were right in the opinion by them expressed in this exception.
This court has, heretofore decided, that facts proved on a former trial by a deceased witness are admissible on a second trial of the same case. They would only be rejected on the presumption, that facts were proven on the first trial…
2Cited by11 opinions
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Puett v. BeardIndiana Supreme Court · 1882
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Young v. MackallCourt of Appeals of Maryland · 1853
- Steuart v. ChappellCourt of Appeals of Maryland · 1904
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