Neel v. Hughes
Court of Appeals of Maryland
Appeal from Montgomery county court. This was an action of trespass vi et armis, brought on the 15th of March, 1833, by Edward Hughes, Edward Hughes and Mary his wife, and Eleanor and Eliza Holmes, against the appellant Joseph Meet, for breaking and entering their close, and taking and carrying away and converting to his own use certain trees, &c. The defendant pleaded not guilty, on which issue was joined, and upon motion of the plaintiffs, a warrant of resurvey was issued.
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Appeal from Montgomery county court. This was an action of trespass vi et armis, brought on the 15th of March, 1833, by Edward Hughes, Edward Hughes and Mary his wife, and Eleanor and Eliza Holmes, against the appellant Joseph Meet, for breaking and entering their close, and taking and carrying away and converting to his own use certain trees, &c. The defendant pleaded not guilty, on which issue was joined, and upon motion of the plaintiffs, a warrant of resurvey was issued. At the trial of the cause, the plaintiffs to maintain the issue joined on their part, and to prove title to the land on…
1Opinion of the CourtChambers, Judge
The facts in the record shew that the instruction asked for had a direct influence on the character of the verdict, by lessening or increasing the quantum of damages, and wherever such a result will probably follow, the unsuccessful party is entitled to his exception.
If the title of Riley had been vested in Edward Hughes, as was claimed, then the jury must assess the entire damages in this action ; whereas, if according to the position of the appellee’s counsel, the suit could be maintained by the plaintiff’s owning one-half the interest in the property, the jury should have given but half…
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