Schindel v. Suman
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. This was an action brought, by the appellee against the appellant. on the 6th of July 1857, for money' payable by the defendant to the plaintiff, for work done and materials furnished, money' paid, and money due on an account stated.
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Appeal from the Circuit Court for Washington county. This was an action brought, by the appellee against the appellant. on the 6th of July 1857, for money' payable by the defendant to the plaintiff, for work done and materials furnished, money' paid, and money due on an account stated. The defendant, pleaded 1st, not indebted as alleged; 2nd, payment; and 3rd, Hbat, at the Circuit court for Washington county, at its November term 1856, (lie plaintiff, upon trial had in an action of the said plaintiff against the said defendant, upon the same cause of action in said declaration in-this cause…
1Opinion of the CourtBartol, J.
The arheadment of the record in this case shows, that upon the trial of the issues of fact, in the Circuit court, a final' judgment was rendered against the appellant.
*314(Decided April 28th, 1859.)
This distinguishes the case from the principal decided in 7 Gill, 33, Wheeler vs. State, use of Admr’s of Bateman. The motion to dismiss the appeal must be overruled. The case being properly before us, the only question for our decision arises upon the demurrer to the third plea. This question is identical with the one decided by the former Court of Appeals, in 2 Harris & Gill, 178, Offutt vs. Offutt.…
2Cases cited1 opinion
- Wheeler v. State ex rel. Adm'rs of BatemanCourt of Appeals of Maryland · 1848
3Cited by3 opinions
- Taylor v. MattesonWisconsin Supreme Court · 1893
- Deitrich v. SwartzCourt of Appeals of Maryland · 1874
- Ellinger v. Mayor of BaltimoreCourt of Appeals of Maryland · 1900