Giles v. Perryman
Court of Appeals of Maryland
Appeal from Baltimore County Court. Action of assump? íit. The writ was against the defendant (now appellant,) in Sis own right. The declaration .contained two counts.
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Appeal from Baltimore County Court. Action of assump? íit. The writ was against the defendant (now appellant,) in Sis own right. The declaration .contained two counts. The Jirst count stated, that «a certain James Bacon, late of Baltimore county, deceased, on whose estate the defendant hath administered, some time before his death, cut down, destroyed, fend took away, a large quantity of timber from oif the land of the plaintiff, for which the said James never paid or satisfied the plaintiff, although often requested so to do, to wit, at the county aforesaid; but always promised and engaged…
1Opinion of the CourtEarle, J.
This is an appeal in an action of assumpsit, brought by Perryman, the appellee, to recover a debt due to him from one James Bacon, on whose estate Giles, the appellant, administered. The writ issued against Giles in his own right, the declaration Counts-on a promise made by him as administrator of Bacon, and the judgment is against him de bonis testatoris. The second count in the declaration was, on demurrer, disposed of by the court against the plaintiff; and makes' no part of this case. To the first count the general issue was pleaded, and a verdict rendered against Giles, as administrator,…
2Cases cited1 opinion
- Duvall v. CraigSupreme Court of the United States · 1817
3Cited by2 opinions
- Vernon v. Tucker ex rel.TuckerCourt of Appeals of Maryland · 1869
- Wilms v. White ex rel. AlsipCourt of Appeals of Maryland · 1867