Turner v. Ellicott
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. This is the second appeal in this case, the first being reported in 4 Md. Rep., 476. The action was assumpsit, brought by the appellee, on the 24th of April 1850, against the appellants, to recover money expended by the plaintiff for the support., maintenance and education of two grandchildren of the testator.
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Appeal from the Circuit Court for Anne Arundel county. This is the second appeal in this case, the first being reported in 4 Md. Rep., 476. The action was assumpsit, brought by the appellee, on the 24th of April 1850, against the appellants, to recover money expended by the plaintiff for the support., maintenance and education of two grandchildren of the testator. The case was tried upon issues to the pleas of: — 1st, non assumpsit; 2nd, limitations; 3rd, set-off; and 4th, that the plaintiff did not sue within nine months after dispute and rejection of his claim by the executors, as required…
1Opinion of the CourtEccleston, J.
The record contains five bills of exceptions. Numbers one and three were taken by the appellee, and numbers two, four and six by the appellants, who were defendants below. Those of the appellants present the questions which we now have to decide; and we begin with the prayer of the defendants, contained in their first exception, which was refused by the court. Its language is: " If the jury believe from the evidence that the plaintiff, prior to the first of June 1849, handed an account to the witness, Tongue, against the estate of John Peterson, and that said account was passed by the orphans…
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