Legal Opinion

Purner v. Piercy

Court of Appeals of Maryland

Decided May 29, 1874PublishedCited by 20 opinions

Appeal from the Circuit Court for Cecil County. The appellee sued the appellant. 1st. Eor money payable for goods sold and delivered by the plaintiff to the defendant. 2nd. Eor goods bargained and sold by the plaintiff to the defendant. 3rd. Eor money received by the defendant for the plaintiff’s use. 4th. Eor money found to be due from the defewiint to the plaintiff on accounts stated between them. v 5th.

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Appeal from the Circuit Court for Cecil County. The appellee sued the appellant. 1st. Eor money payable for goods sold and delivered by the plaintiff to the defendant. 2nd. Eor goods bargained and sold by the plaintiff to the defendant. 3rd. Eor money received by the defendant for the plaintiff’s use. 4th. Eor money found to be due from the defewiint to the plaintiff on accounts stated between them. v 5th. Eor that the defendant purchased from the plaits . tiff the fruit growing and being in Ms peach orchard, in the county aforesaid, at and for the sum of five hundred and fifty dollars,…

1Opinion of the CourtStewart, J.

In the first exception, the defendant, conceding the commission to take testimony to have been correct in other respects, objects to the testimony taken thereunder upon two grounds : 1st. Because, but one of the commissioners acted; and, 2nd, that neither he nor his counsel had notice of the filing of the interrogatories on the part of the plaintiff. He also objects to the admissibility of the parol evidence of the deputy clerk to prove notice to the defendant's attorney.

The 15th section of the 31th Article of the Code, provides for the issuing of a commission by the Courts of law, to take…

2Cases cited2 opinions

  1. Ellicott v. TurnerCourt of Appeals of Maryland · 1853
  2. Smith v. BryanCourt of Appeals of Maryland · 1853

3Cited by20 opinions

  1. Willis v. MooreTexas Supreme Court · 1883
  2. Peterson v. GibbsCalifornia Supreme Court · 1905
  3. Roberts v. ArmstrongTexas Commission of Appeals · 1921
  4. Palmer v. WahlerCalifornia Court of Appeal · 1955
  5. Summerlin v. Orange Shores, Inc.Supreme Court of Florida · 1929

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