Legal Opinion

Middlekauff v. Smith

Court of Appeals of Maryland

Decided December 15, 1851PublishedCited by 12 opinions

This case, brought by an appeal from Washington county court, is an action of covenant, instituted there by the appellant against the appellee.

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This case, brought by an appeal from Washington county court, is an action of covenant, instituted there by the appellant against the appellee. The declaration recited, that by certain articles of agreement, made and entered into the 27th day of January 1846, sealed with the seals of the plaintiff and defendant, and profert made of them, the said Susan Middlekauff rented and leased, and by these presents, did rent and lease to the said Michael P. Smith, her mill property and forty acres of land, being part of the same known as Poplar Grove, from the 1st of April 1846, for one year, with the…

1Opinion of the CourtMason, J.

We are prevented from considering many important and interesting questions, which might have been presented upon ■the evidence and pleadings in this cause, because they were not raised in the court below, as required by the act of 1825, chap. 117. Under that act, to authorise the Court of Appeals to review a judgment of the county court, it must appear by the hills of exceptions, that the point or question upon which •the reversal or affirmance of the judgment is sought, was .presented substantially to the county court, and that the decision was made tipon such point or question. In the case…

2Cases cited1 opinion

  1. Blanchard v. ElyNew York Supreme Court · 1839

3Cited by12 opinions

  1. Evergreen Amusement Corp. v. MilsteadCourt of Appeals of Maryland · 1998
  2. Abbott v. GatchCourt of Appeals of Maryland · 1859
  3. Lawson v. PriceCourt of Appeals of Maryland · 1876
  4. St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
  5. Siu Leung Shum v. GaudreauCourt of Appeals of Maryland · 1989

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