Legal Opinion

Wilms v. White ex rel. Alsip

Court of Appeals of Maryland

Decided February 19, 1867PublishedCited by 5 opinions

Writ of Error to the Circuit Court for Frederick comity. This was an action for slander instituted by the defendant against the plaintiff in error.

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Writ of Error to the Circuit Court for Frederick comity. This was an action for slander instituted by the defendant against the plaintiff in error. The declaration commences in the following words : “Julian White, by her next friend, Hezekiah Alsip, by James D. Bennett, her attorney, sues Frederick Or B. Wilms for 1st. The said Julian White is of the age oí twenty-one years and a feme sole, and is a good, true, honest ánd virtuous citizen of this State, residing in Washington county,” &c. The declaration then charges the slanderous words. The defendant pleaded not guilty. Exception. At the…

1Opinion of the CourtBowie, C. J.

Two questions are presented by the record in this case :

1st. The sufficiency of the declaration in law.

2nd. The admissibility of certain evidence offered by the plaintiff below, and excepted to by the defendant.

After verdict, the defendant moved in arrest of judgment, which motion being overruled and judgment entered for the plaintiff below, the defendant,. Wilms, sued out a writ of error.

The error assigned is that the plaintiff below sued and recovered judgment by her ‘prochein ami, when it appears from the record she was of full age.”

The writ was issued on the 11th of September, 1863, at…

2Cases cited3 opinions

  1. Gaither v. BlowersCourt of Appeals of Maryland · 1857
  2. M'Almont v. M'ClellandSupreme Court of Pennsylvania · 1826
  3. Giles v. PerrymanCourt of Appeals of Maryland · 1827

3Cited by5 opinions

  1. Nichols v. MeyerCourt of Appeals of Maryland · 1921
  2. Mertens v. MuellerCourt of Appeals of Maryland · 1913
  3. State v. LingnerCourt of Appeals of Maryland · 1944
  4. Cairnes v. PeltonCourt of Appeals of Maryland · 1906
  5. Groh v. SouthCourt of Appeals of Maryland · 1913

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