Hutton v. Marx
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. F-irst Exception.—This exception was taken to the action of the Court below in directing the clerk to enter a judgment by default against the defendant for want of a proper affidavit to the plea of limitations, under the Act of 1886, ch. 184. Second Exception.—At the trial, Marcus Marx, one of the plaintiffs testified that his firm had shipped the goods for which this action was brought in…
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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. F-irst Exception.—This exception was taken to the action of the Court below in directing the clerk to enter a judgment by default against the defendant for want of a proper affidavit to the plea of limitations, under the Act of 1886, ch. 184. Second Exception.—At the trial, Marcus Marx, one of the plaintiffs testified that his firm had shipped the goods for which this action was brought in 1876; that a balance of some §344.71 remained due in 1877, which balance had never been paid; that his firm had failed…
1Opinion of the CourtBryan, J.
Marx and others sued Hutton on an open account, which appeared to have been contracted in the years 1816 and 1811. The defendant pleaded never indebted; never promised and .limitations. An affidavit was made to the plea of limitations, but not to the other two pleas. The jilaintiffs joined issue on the first two pleas, and replied to the plea of limitations. By leave of the Court, the plaintiffs withdrew the joinder of issue and the replication; and moved for a judgment by default for want of a sufficient affidavit of defence under the Act of 1886, chapter 184. The Court entered *255judgment by…
2Cases cited3 opinions
- Belt v. BlackburnCourt of Appeals of Maryland · 1868
- State ex rel. Wilson v. McCartyCourt of Appeals of Maryland · 1883
- Sprogle v. AllenCourt of Appeals of Maryland · 1873
3Cited by20 opinions
- Wash., B. A.R. Co. v. KimmeyCourt of Appeals of Maryland · 1922
- Foard v. SniderCourt of Appeals of Maryland · 2001
- Foos v. SteinbergCourt of Appeals of Maryland · 1967
- Picking v. Local Loan Co.Court of Appeals of Maryland · 1945
- Laubheimer v. NaillCourt of Appeals of Maryland · 1898
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