Coulter v. Trustees of the Western Theological Seminary of the Presbyterian Church of the United States
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of debt on a sealed instrument, brought by the appellees against the appellant on the 2nd of April, 1863. The verdict being in favor of'the appellees, the appellant moved an arrest of judgment for the following reasons : .First.
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Appeal from the Court of Common Pleas. This was an action of debt on a sealed instrument, brought by the appellees against the appellant on the 2nd of April, 1863. The verdict being in favor of'the appellees, the appellant moved an arrest of judgment for the following reasons : .First. Because the bond set out in the declaration varies from that in the oyer, in this : That it is alleged in the declaration that the defendant by his writing obligatory, dated the 1st of January, 1848, promised to pay the plaintiffs the sum of one hundred dollars with interest thereon, until paid. Whereas, by the…
1Opinion of the Court
* Robinson, J.,
delivered the opinion of the court.
The general principle, upon which an arrest of judgment proceeds, is, that the facts averred by the plaintiff, and found to be true by the jury, do not constitute a sufficient cause of action. And the criterion, by which to distinguish between such defects in a declaration as are, and such as are not cured by a general verdict for the plaintiff, is laid down by Lord Mansfield, in Rushton v. Aspinall, Doug. 679, to the following effect,: Where the statement of the plaintiff’s cause of action, and that only is defective or inaccurate, the defect…
2Cases cited3 opinions
- Birckhead v. Saunders's Ex'r.Court of Appeals of Maryland · 1827
- Baltimore Cemetery Co. v. First Independent Church of BaltimoreCourt of Appeals of Maryland · 1859
- Vandersmith v. Washmein's Adm'rCourt of Appeals of Maryland · 1826
3Cited by1 opinion
- King v. WilsonSupreme Court of Kansas · 1912