Legal Opinion

Howard v. Wilmington & Susquehanna Rail Road

Court of Appeals of Maryland

Decided December 15, 1843PublishedCited by 9 opinions

Appeal from Cecil County Court. This was an action of assumpsit, commenced on the 21st March 1837, by the appellants against the appellees. The plaintiff’s declaration contained nine counts.

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Appeal from Cecil County Court. This was an action of assumpsit, commenced on the 21st March 1837, by the appellants against the appellees. The plaintiff’s declaration contained nine counts. The defendant pleaded nine pleas, viz: 1st and 2nd plea, non-assumpsit and payment to all the counts on which issues were joined. 3rd plea was to the 4th count. 4th plea to the 5th count. 5th plea to the 6th count. 6th plea to the 8th count. 7th plea to the 1st count. 8th plea to the 2nd count. 9th plea to the 3rd count. To these seven last pleas, the plaintiffs demurred generally. The county court…

1Opinion of the CourtStephen, J.

This suit was instituted in the court below upon two contracts, the one bearing date in the year eighteen hundred and thirty-five, and the other in the year eighteen hundred and thirty-six. Tfie appellee, the defendant in the court below, filed several special pleas to tfic plaintiffs declaration, which contained several counts; and to those pleas the appellants, who were the plaintiffs, demurred generally. The defence of the defendant was founded, upon an alleged extinguishment of the contract of 1835, by the operation of the contract of 1836, *341which, it is admitted by the parties, covered a…

2Cited by9 opinions

  1. Abbott v. GatchCourt of Appeals of Maryland · 1859
  2. Housekeeper Pub. Co. v. SwiftCourt of Appeals for the Eighth Circuit · 1899
  3. North Bros. & Strauss v. MalloryCourt of Appeals of Maryland · 1902
  4. James v. AdamsWest Virginia Supreme Court · 1880
  5. Jenkins v. LongCourt of Appeals of Maryland · 1855

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