Trahern ex rel. Trahern v. Colburn
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Upon the demand of the defendant, the plaintiff furnished the following hill of particulars of her claim: Estate of Sophia E. Stimpson, To S. J. S. Trahern, Dr. 1868, To cash overpaid from the estate of James FT. Stimpson, hy error of Jas.
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Upon the demand of the defendant, the plaintiff furnished the following hill of particulars of her claim: Estate of Sophia E. Stimpson, To S. J. S. Trahern, Dr. 1868, To cash overpaid from the estate of James FT. Stimpson, hy error of Jas. Pennington, Esq., counsel............. $ 750 00 Amount carried forward $ 750 00 Amount brought forward....... $ 750 00 To cash paid one-third expenses to J. F. Trahern, 18 trips from Tazewell County to Baltimore, from 1870 to 1876, atan average of $100 per trip, 600 00…
1Opinion of the CourtMiller, J.
This was an action of assumpsit brought in March, 1881, "by Mrs. Trahern, a married woman, by her husband and next friend, James F. Trahern, against the executor of Sophia E. Stimpson, deceased, to recover a considerable ■amount of money, alleged to he due and owing to the plaintiff by the deceased in her life-time. The declaration contains the common counts, and on demand a bill of particulars was furnished setting out the several items of •claim aggregating $10,653.40. The case was tried upon issues made up under the pleas of non assumpsit, limitations and plene administravit.
At the trial a…
2Cases cited6 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Wright v. GilbertCourt of Appeals of Maryland · 1879
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
- Hatton v. McClishCourt of Appeals of Maryland · 1854
- Downes v. Maryland & Delaware RailroadCourt of Appeals of Maryland · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Trayhern v. ColburnCourt of Appeals of Maryland · 1886
- Berrain v. KatzenCourt of Appeals of Maryland · 1993
- Trupp v. WolffCourt of Special Appeals of Maryland · 1975
- Begovich v. KruljacWyoming Supreme Court · 1928
- Fox v. WillsCourt of Appeals of Maryland · 2006
6 more not listed; retrieve them via the Exa API.