Melvin v. Melvin
Court of Appeals of Maryland
Appeal from the Circuit Court for Somerset county. Replevin by the appellee, to recover two slaves alleged to belong to the estate of his testator, in the possession of the appellant. Pleas, non cepit, property in defendant, non cepit infra tres annos, and actio non accrevit infra tres annos. Exception.
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Appeal from the Circuit Court for Somerset county. Replevin by the appellee, to recover two slaves alleged to belong to the estate of his testator, in the possession of the appellant. Pleas, non cepit, property in defendant, non cepit infra tres annos, and actio non accrevit infra tres annos. Exception. The plaintiff, to maintain the issues on his part, proved the taking of the property by the defendant, and offered in evidence the letters of administration granted to him upon the personal estate of Avra Melvin, deceased, and the will of said Avra thereto annexed, the first item of which is:…
1Opinion of the CourtTuck, J.
At the trial of this cause, the appellant objected to the competency of a witness offered by the plaintiff, on the ground of interest in the event of the suit, which objection was overruled and the witness admitted to testify for the plaintiff as competent. It do.es not appear that the evidence was material to the plaintiff, but in disposing of the case we will assume, that he did testify beneficially to the plaintiff, without deciding (he points made upon the form of the exception.
The .competency of witnesses has been much discussed. Neither judges nor elementary writers have agreed, in…
2Cases cited2 opinions
- Deakins v. HollisCourt of Appeals of Maryland · 1835
- Watts v. GarrettCourt of Appeals of Maryland · 1831
3Cited by5 opinions
- Reynolds v. Manning, Stimpson & Co.Court of Appeals of Maryland · 1860
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Andre v. BodmanCourt of Appeals of Maryland · 1859
- Brooke v. QuynnCourt of Appeals of Maryland · 1859
- Heskett v. Borden Mining Co.Court of Appeals of Maryland · 1856