Williams v. Bramble
Court of Appeals of Maryland
Appeal from Dorchester county court. This was an action on' the case by the appellee against the appellant. The writ commands the sheriff to arrest the appellant to answer unto the appellee “in a plea of trespass on the case, and so forth.” The declaration contained two counts, one in trespass, vi et armis, for taking and carrying away two negro slaves of the plaintiff, the other in trover for the same property.
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Appeal from Dorchester county court. This was an action on' the case by the appellee against the appellant. The writ commands the sheriff to arrest the appellant to answer unto the appellee “in a plea of trespass on the case, and so forth.” The declaration contained two counts, one in trespass, vi et armis, for taking and carrying away two negro slaves of the plaintiff, the other in trover for the same property. Damages laid at $2000. The defendant pleaded not guilty to both counts, and on these pleas issues were joined. The verdict was for the plaintiff, and the defendant moved in arrest of…
1Opinion of the CourtTuck, J.
The appellee sued the appellant in an action on the case. The declaration contained a count in trover, and one de bonis asportatis; both relating to the same property. On the pleas of non cul. and issue, the jury found for the plaintiff. The defendant moved in arrest of judgment. This appeal is taken from the judgment of the court below overruling that motion. The only question before us is, whether there is such a misjoinder of counts as is fatal on this motion.
The cases are numerous, both in this country and in England, and so conflicting that it is impossible to reconcile or deduce any…
2Cases cited2 opinions
- Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cooper v. BissellNew York Supreme Court · 1819
3Cited by7 opinions
- Judefind v. StateCourt of Appeals of Maryland · 1894
- Gent v. Cole ex rel. ColeCourt of Appeals of Maryland · 1873
- Mylander v. PageCourt of Appeals of Maryland · 1932
- Gladfelter v. WalkerCourt of Appeals of Maryland · 1874
- Philadelphia, Wilmington & Baltimore Railroad v. ConstableCourt of Appeals of Maryland · 1873
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