Mitchell v. Mitchell's Lessee
Court of Appeals of Maryland
Appeal from the Circuit Court of Charles County* Ejectment by the appellee against the appellant, for a tract of land called “Myrtle Grove,” brought on the 17th of June 1852. The defendant appeared, and pleaded not guilty and took defence on warrant, which latter defence the court on motion of the plaintiff ordered to be strickg defendant then applied for leave to withdrav^nj^^Mf^ff^ ¶ guilty, and for leave to ascertain his defencejjtbut this application the court refused,…
Read the full summary
Appeal from the Circuit Court of Charles County* Ejectment by the appellee against the appellant, for a tract of land called “Myrtle Grove,” brought on the 17th of June 1852. The defendant appeared, and pleaded not guilty and took defence on warrant, which latter defence the court on motion of the plaintiff ordered to be strickg defendant then applied for leave to withdrav^nj^^Mf^ff^ ¶ guilty, and for leave to ascertain his defencejjtbut this application the court refused, and on this state the case was tried. ji Exception. It is not necessary to slate tl^e set out in the bill of exceptions,…
1Opinion of the CourtMason, J.
We do not deem it important to pass any opinion upon the peculiar structure of the appellee’s prayer, by which this case is presented, a question so forcibly argued by the opposite counsel. Whatever may be the supposed defects of this prayer, a reversal of the judgment, with a view to their correction, would not ultimately vary the substantial merits of the controversy, which rests upon facts, few, simple and undisputed, and which, in our judgment, could not be materially altered or added to,- by any subsequent proceedings which might be had in the case, short of the introduction of testimony…
2Cases cited3 opinions
- Hammond's Lessee v. InloesCourt of Appeals of Maryland · 1853
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- Mitchell v. MitchellCourt of Appeals of Maryland · 1844
3Cited by7 opinions
- McLaughlin v. BarnumCourt of Appeals of Maryland · 1869
- Edwards v. BruceCourt of Appeals of Maryland · 1855
- Kolb v. SwannCourt of Appeals of Maryland · 1888
- State v. CowenCourt of Appeals of Maryland · 1902
- Bayless v. MayfieldCourt of Appeals of Maryland · 1961
2 more not listed; retrieve them via the Exa API.