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All Reporters → md → Volume 75

Opinions in md Volume 75

delivered the opinion of the Court. The appellee sued the appellant for injuries suffered in consequence of being struck by an ice wagon of the appellant, driven by appellant’s servant, alleged to have been driven at reckless speed into a street which appellee was crossing. Appellee testified that he was seventy-five years old, and was attempting to cross Baltimore street from its southwest corner...
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delivered the opinion of the Court. The appellees, trading as Meyer and Krose of Bremen, Germany, sued the appellants, Ricards, Leftwicli and Company of Baltimore, in trover to recover the value of twenty-five hogsheads of tobacco which the appellees alleged the appellants had converted to their own use. Meyer and Krose, who were dealers in leaf tobacco, gave to M. Driver, of Lynchburg, Virginia, ...
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delivered the opinion of the Court. Charles A. Eouse and George W. Eouse executed a mortgage to John S. Bowers upon certain real estate in Kent County, Maryland, to secure the payment of five hundred dollars and interest. The mortgage provided that in case of default in payment according to stipulation, John H. Urie was made trustee to sell the property for the payment of the debt, and after payin...
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delivered the opinion of the Court. James Cunning filed a bill in equity in the Circuit Court for Alleghany County for the purpose of setting aside a certain deed which he had made to his three sons, James H., Joseph M., and John B. Cunning. The bill alleged that the deed did not conform to the directions given by the grantor for the drafting of it, and that it has an effect which he never intende...
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delivered the opinion of the Court. The appellee sued the County Commissioners of Harford County to recover damages for the destruction, by reason of the alleged negligence of the defendants,, of a mill-dam owned by her. The dam had been swept away by a flood upon a former occasion, and it was then alleged that the negligent and unskilful location and construction'of a county bridge across Deer Cr...
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delivered the opinion of the Court. The hill in this case was filed by the executors and trustees of the late Arunah S. Abell for the purpose of obtaining a judicial construction of his will, and to secure the aid and direction of a Court of equity in the administration of his large and valuable estate. Counsel have exhibited much learning and great research both in their exhaustive briefs and ela...
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delivered the opinion of the Court. The appeal in this case is from a decree of the Circuit Court of Baltimore City, vacating, and setting aside a previous decree of that Court, made in a former separate *73proceeding, upon the ground of the want of jurisdiction in the Court to pass such former decree. It appears from the record before us, that the late .Henry S. Shryock, who died in 1882, left a ...
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delivered the opinion of the Court. There is but a single question involved in this case, and that question is: was there a contract entered into between the plaintiff and defendant for the renting by the latter of the farm of the former? Whilst there are three counts in the declaration, no attempt was made to sustain either the second or third, but the controversy was narrowed down to the first; ...
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delivered the opinion of the Court. Samuel Ahalt, of Frederick County, died in 1889, leaving a will which was executed in eighteen hundred and *89seventy-six. By that will he gave three grandsons, Samuel Hersperger, William Hersperger and Ellmore Hersperger (children of his deceased daughter) each the sum of two thousand dollars, the principal sum to he paid to each at the age of twenty-five years...
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delivered the opinion of the Court. This is a hill to restrain the appellant, a railroad company, from proceeding to condemn certain real estate held hy the appellees as trustees. The company’s powers of condemnation are derived from section 167, Article 23 of the Code, which provides in the first place, that the company may agree with the owner for the purchase of any property which may he needed...
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delivered the opinion of the Court. The declaration in this case alleges that the appellee, being the exclusive owner or lessee of Sparrow’s *110Point, in this State, and being there engaged in the manufacture of steel and steel products, agreed with the appellants, that if they would purchase the steamer known as “The Olive,” or any other steamer as good in every respect, the appellee would execu...
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delivered the opinion of the Court. The plaintiff helow, the appellee here, filed his hill against the appellant, and E. L. Tunis, the defendants helow, for the purpose of having rescinded his contract of subscription to the capital stock of the defendant corporation, procured from him, as alleged, by the fraudulent misrepresentation of E. L. Tunis, the agent and one of the principal promoters of ...
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delivered the opinion of the Court. Section 110 of Article IV of the Public Local Laws of the City of Baltimore, sub-title Courts, provides: “Bills of exception may be signed in any cause pending in any of ■said Courts, (the Court of Common Pleas, etc.,) at any time within thirty days from the rendition of the verdict of the jury or the findings of the Court upon the issues of fact in said cause,-...
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delivered the opinion of the Court. This appeal presents but one question, namely, whether the Act of 1872, chapter 451, now codified as section 78 of Article 21 of the Code, requires the executor of a nonresident testator to report a sale of real estate lying in Maryland to the Orphans’ Court where the land lies, and to obtain its ratification of the sale. The section referred to is a long one, b...
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delivered the opinion of the Court. This is an appeal from a proforma decree of the Circuit Court of Baltimore City, rendered on a special case stated, under Equity Bules Eos. 47, 48 and 49. The sole question arises under the following clause of the will of Wm. A. Linthicum: “I give and bequeath to my son, William Amasa, all my property, both real1 and personal, and, in case-he should die without ...
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delivered the opinion of the Court. The fourth clause of the will of the testatrix, out of which this controversy arises, is as follows: “Fourthly. I will, devise, and bequeath my four several ground-rents arising and payable out of the lots on the west side of North Eutaw street as follows, that is to say: “First. The one at the corner of Eutaw and Biddle streets, to pay my funeral expenses, and ...
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delivered the opinion of the Court. This action was brought in the name of the State for the use of the father of Harvey E. Abbott, who was killed in the railroad tunnel of the defendant corporation, under the City of Baltimore, on the 25th day of August, 1890, to recover for alleged negligence of the *156defendant as the cause of the death of the son. The deceased was in the employ of the defenda...
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delivered the opinion of the Court. This suit was brought to recover damages for a personal injury received hy the appellant whilst in the service of the appellee. The appellant was a blacksmith, and in the discharge of his duties had occasion to use a steam trip-hammer owned by the railroad company. One of the housings of this hammer was insecurely *165fastened, and, as a consequence, when the ha...
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delivered the opinion of the Court. It appears from'the evidence in the cause that Stewart Brown, as trustee, is seized of the reversion in fee in three certain lots of ground lying in the City of Baltimore and that this reversion- is expectant on a leasehold estate for ninety-nine years. The lease is not set out in the transcript sent to this Court, nor any extract from it. We, however, gather fr...
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delivered the opinion of the Court. Mary M. McKinstry died on the twenty-eighth of December, eighteen hundred and ninety, and on the thirteenth of January following letters of administration upon her estate were committed to her brother, Mordecai C. McKinstry. On the twenty-fifth of the succeeding March the administrator brought into and filed in the Orphans’ Court of Carroll County a Bible which ...
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delivered the opinion of the Court. By a decree for the Circuit Court for Harford County, Stevenson A. Williams and William M. Marine were appointed trustees to sell the real estate of the late John A. Hopper. This decree was in the usual form, and provided, among other things, that the credit payments should be secured by the notes or bonds of the purchaser, with surety or sureties to be approved...
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delivered the opinion of the Court. Catherine Rost was a widow with two married daughters, and a son about fifteen years of age. One of her daughters was married to J. Henry Schroeder, and the other to August Schrader. In August, 1882, she intermarried with John Loeber. She died in January, 1890; and letters of administration on her estate have been granted*to J. Henry Schroeder. At the time of he...
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delivered the opinion of the Court, In the execution of a power of appointment in the will of her husband, Mrs. Eliza Whelan made a will and died in 1867. The will contains thirty clauses; and there are four codicils-. The provisions of this will and these codicils give rise to the questions presented in this case. By this will and these codicils certain property was given to Jane M. Walbach, a da...
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delivered the opinion of the Court. This is a bill by abutting lot owners to enjoin the defendant, a street railway company, from constructing its road on North avenue; and the questions are: First. Is the defendant a lawfully incorporated company ? Secondly. If incorporated, had it the legal right to lay tracks of its own outside of the tracks already laid on said avenue by other railway companie...
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delivered the opinion of the Court. The hill was filed in this case by the plaintiff, the present appellant, against the defendant, the appellee, both being street passenger railroad companies, for the purpose of obtaining an injunction against the defendant *235company, to restrain this latter company from using the street railroad tracks of the plaintiff company, on North avenue, in the City of ...
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delivered the opinion of the Court. The facts of this case and the allegations of the bill are the same as those in the case just decided, of the-North Baltimore Passenger Railway Company against the North Avenue Railway Company, with the addition in this case of allegations in respect to what is claimed by the plaintiff as a right to lay down and use tracks on what is known as North avenue bridge...
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delivered the opinion of the Court. By the fifth or residuary clause of the last will of Emma Spence, it is provided as follows, viz., “I direct my trustee to pay over the whole residue and remainder of my means and estate to some Presbyterian institution in Baltimore, as they may determine, for charitable' or religions purposes.” By the first clause she appointed Jesse K. Hines and James A. L. Mc...
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delivered the opinion of the Court. There are two appeals in this record, but they both involve the same questions, and will therefore be considered together. It appears by the agreed statement of facts that the Waring Manufacturing Company of Cecil County,, made a deed of assignment for the benefit of its creditors on the twenty-third of''May, 1890; Hanson H. Haines and Erancis Stokes having been...
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delivered the opinion of the Court. The appellants were appointed by a decree of a Court of equity to make sale of the real estate of Robert Fowler, deceased, for the purpose of partition among his heirs. Two certain lots of ground were sold to John Hubner, and he filed exceptions, to the ratification of the sale, alleging that the title was defective. *270It appears that Robert R. Richardson, die...
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delivered the opinion of the Court. ■ This is a bill filed for the purpose of obtaining a construction of the will of the late Susanna Warfield, and for the purpose of having certain trusts declared therein administered, and the estate settled, under the direction of a Court of equity. The main questions are — First, whether certain devises and bequests made to the Convention of the Protestant Epi...
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delivered the opinion of the Court. Certain real estate Avas sold by the executors of Eva Seldner, deceased, under a power of sale given to them *291by her will. The purchaser alleged that the title was defective and refused to accept and pay for the land. A bill in equity was filed by the executors for a specific performance of the contract of sale, and the Court passed a pro forma decree dismiss...
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delivered the opinion of the Court. This action was brought to recover for an injury suffered by the plaintiff, while acting as rear brakeman on a freight train of cars of the defendant, and which injury wag caused, as alleged, by the negligence of the defendant. It was shown in proof that the plaintiff was in the service of the defendant in 1886, as rear brakeman or flagman, and that, on the nigh...
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delivered the opinion of the Court. On the third day of February, 1890, the appellant executed a deed of trust of all his property for the benefit of his creditors. The trustee sold the property and reported his sale to the Court as amounting, in the aggregate, to five hundred and ninety-five dollars and seventy-one cents. The auditor, after allowing costs and expenses, awarded one hundred dollars...
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delivered the opinion of the Court. The Act of 1856, chapter 97, incorporated the “Maryland Agricultural College.” By the provisions of that statute commissioners were appointed and empowered to receive, and they did receive, subscriptions to the capital stock of the body corporate. The Act further prescribed the method of electing twenty-two trustees to manage the affairs of the college, and by t...
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delivered the opinion of the Oourt. A hill was filed in this case hy the husband to obtain a divorce a vinculo matrimonii, on the ground of desertion hy the wife. The case was heard on hill, answer and proof, and the Court below, being of opinion that the husband was not entitled to a divorce as prayed, dismissed the bill, and from the decree dismissing the bill, the husband toot an appeal. After ...
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delivered the opinion of the Court. The appellees shipped five hundred bushels of wheat hy the appellant’s railroad, to Georgetown. At Antietam Station, on the Shenandoah Valley Railroad, a Shenandoah Valley car, No. 118, was loaded and was taken to Shenandoah Junction, where it was delivered to the appellant’s agents on the 29th of May, 1889, and was taken hy them to Washington Junction, and plac...
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delivered the opinion of the Court. Lewis Keiser, of Montgomery County, by his will, made in September, 1886, directed in the first clause of his will that his executors should sell all his real and personal estate. After directing his debts to be first paid, and making certain provisions for his wife and one of his daughters, by the fourth clause of his will he provided as follows': “I do hereby ...
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delivered the following dissenting opinion, in which Robinson and Eowler, J. concurred: I maintain that the appellee is validly invested with corporate power And I shall briefly state the reasons-for my opinion. The statute of 1872, chapter 284, is entitled “An Act to incorporate the Baltimore, Hampden and Lake Roland Railroad Company. ” In September, 1891, the first subscriptions to the stock of ...
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delivered the opinion of the Court. The question in this case is a narrow one, and one, too, in regard to which there cannot he, it seems to us, much difficulty. Noah Walker,'the testator, died in 1874, seized and possessed of a large and valuable real and personal property, and leaving but one child, Patrick Henry Walker. After various pecuniary and'specific legacies, the testator devises all his...
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delivered the .opinion of the Court. Nancy Lechler, late of Washington County, in this State, died, leaving a will, which was duly admitted to probate in the Orphans’ Court of said county, the appellant, Louisa M. Bell, having been named therein as executrix. During the settlement of the estate of said deceased, the executrix presented for passage by the Orphans’ Court a promissory note for six th...
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delivered the opinion of the Court. This is, it seems to us, a plain case. A bill of inter-pleader was filed by the Cumberland Glass Company, alleging that it'had in its hands $3833.30 due as royalty ■on a patent process, used by it in the manufacture of tumblers and other glassware, and which patent process Anthony Zihlman, one of the defendants, claims belongs jointly to him and to Joseph Zihlma...
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delivered the opinion of the Court. This is an action of ejectment brought by parties claiming to be descendants of Andrew Stigar, long since deceased, against the appellant, the defendant below, for the recovery of certain undivided interests in a parcel of land in the City of Baltimore. The parcel of land sued for is described in the declaration by metes and bounds, courses and distances, and as...
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delivered the opinion of the Court. This is an action brought by the appellant against the appellee to recover the amount of a promissory note, dated the 11th of July, 1887, for $150. The note was made payable on the first day of August, 1888, to P. Huddle, or hearer, at the First National Bank of Westminster. The note bears the indorsement on its hack, in blank, of William B. Thomas; though the d...
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delivered the opinion of the Court. O’Neill was the foreman of Engine Company No. 13, one of the companies of the Fire Department of the City of Baltimore. In October, 1881, he was dismissed from the service of the Department on a charge of disrespect to his superior officer. He brought suit against the Fire Commissioners, alleging that their action in dismissing him was in gross, flagrant and wil...
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delivered the opinion of the Court. The appellant, who was defendant below, owns a building in the City of Baltimore, which is occupied by a number of tenants for business purposes.. There is an elevator in this building which was used both for passengers and freight. The plaintiff, now appellee, was employed by one of these tenants, and was seriously injured by falling from the fourth floor to th...
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The questions involved in this case (have been so fully and so thoroughly considered and discussed in the opinion filed by Chief Judge Alvey in the Circuit Court for Washington County, that we need not restate them in this Court. As we entirely concur in the conclusions to which he came, we shall affirm the decree from which this appeal has been taken for the reasons which he has given. Decree af...
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delivered the opinion of the Court. McKenzie brought suit against the Piedmont and Cumberland Railway Company, a body politic and corporate. The plaintiff averred in his declaration that the defendant had built a bridge across the Potomac river, and that it was constructed and maintained in so negligent a manner that its superstructure fell into the regular and usual channels of the river and obst...
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delivered the opinion of the Court. Stanley, the appellee in this case, brought this action •against the appellant to recover for an injury alleged to have been suffered by reason of defective machinery at which he was required to work, in the saw-mill of the appellant. The accident occurred on the 18th of January, 1891, and-at that time the plaintiff was eighteen years of age, wanting two months....
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delivered the opinion of the Court. This is a claim of $5,000 filed in the Orphans’ Court by the appellee against his father’s estate. As first pre*478sented, it was a claim for “amount due from making sale of Eldridge Mullinix’s personal property, as per bill of sale; amt. due as per agreement for buying law books, and nine months time in studying same; amt. due for making settlements, drawing ag...
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delivered the opinion of the Court. This case falls directly, it seems to us, within the decision in Peabody Heights Company vs. Sadtler, 63 Md., 533. No one questions that a grant of land bordering ■on a highway, carries as a general rule, the fee to the middle of the road, if the grantor is the owner of the fee. The law never presumes that in parting with his interest in the land adjoining a pub...
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delivered the opinion of the Court. This case was in this Court before (72 Md., 9,) and, after remand upon the decree reversing the decision of the Court below, the case proceeded to decree for partition. After the remand, and before decree, the Murguiondo heirs sold out their interest, and the appellant, Jessie Johnson, wife of Greenleaf Johnson, and Joseph Friedenwald respectively became purchas...
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delivered the opinion of the Court. Mrs. Farrell, by her husband and next friend, entered an appeal in Baltimore City Court from the decision of the Street Commissioners assessing benefits to her in the matter of the opening of Durham street. It appeared that no benefits had been assessed to her, but that dam*494ages had been awarded to her for taking her property.' She therefore moved to amend he...
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delivered the opinion of the Court. The twenty-fourth clause of the will of Mary A. Co-nine is in these words: “I give and bequeath to E. Calvin Williams, of the said City of Baltimore, the sum of five thousand dollars absolutely.” The fortyr-eightli *504clause reads: ‘Thereby nominate, constitute, and appoint my son-in-law G-enl. Frederick H. Starring, and E. Calvin Williams, of the City of Balti...
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delivered the opinion of the Court. The appellants are the proprietors of a newspaper known as “The Maryland Republican,” published in Annapolis, and they were indicted in the Circuit Court for Anne Arundel County for libelling Frank A. Bond, who was one of the judges of election for said county at the election for State and county officers held on the third of November, 1891. The traversers demur...
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delivered the opinion of the Court. It appears that William W. Handy died in January, 1864, leaving surviving him a widow, Maiy Ann Handy, and five children, and one child of a deceased son. By his will, which was duly admitted to probate, he devised and bequeathed to his children and grand-children certain specific portions of his estate, and also to his widow he made certain devises and bequests...
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delivered the opinion of the Court. On the evening of January 21st, 1890, I. E. S. Good was hilled near the corner of Ostend street and Warner street — both public streets in the City of Baltimore. This suit is brought in the name of the State, (for the use of his widow and child,) under Article 67, sections 1 and 2, of the Code of Public General Laws, against the appellant, upon whose railroad he...
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delivered the opinion of the Court. In May, eighteen hundred and seventy-five, Lilly Y. Winchester’and her husband, Samuel Mactier Winchester, executed a deed conveying to Arthur W. Machen, Esq., certain property, to be held by him upon the following trusts, viz., to pay over the rents, profits, income, and dividends to Mrs. Winchester for her sole and separate use during her life; and, upon her d...
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delivered the opinion of the Court. When this case was last beforeus, (73 Md., 530,) the order ratifying the auditor’s report was affirmed in part and reversed in part, and the cause was remanded that a new audit might he stated in conformity to the decision then rendered. By that decision sundry claims against the North Branch Company were held to be just debts due by that company, and were direc...
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delivered the opinion of the Court. The question in this case is not complicated with controverted facts. It is sing'le and narrow, hut very important. It is simply whether a decree in a former case, the effect of which was, it is claimed, to sustain the validity of certain deeds of John W. Royston, .the equi*559table plaintiff in this case, to Albert H. Horner, one of the defendants in this case,...
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delivered the opinion of the Court. There are thrée appeals in this record, but they all present the same questions. A motion has been filed to dismiss the appeal of Thomas W. Griffin, trustee, which, in accordance with our ruling in the case of Lurman and Fowler, Trustees vs. Hubner, ante page 268, must prevail. It was held in the case just named that a trustee appointed by a Court of equity to s...
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delivered the opinion of the Court. The motion to dismiss this appeal must be overruled. It is based upon Article 47, section 31, of the Code, which requires records in insplvent proceedings to be transmitted to this Court within sixty dajrs from the date of the decision appealed- from. But this is an appeal from a Court of equity and is governed by Art. 5, sec. 31, which allows three months from ...
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delivered the opinion of the Court. In 1874 Thomas J. Elack, of Baltimore City, died, intestate, leaving four children and some grand-children —the children of a deceased son — his heirs-at-law, and distributees together with his widow. Letters of administration were granted to his son, James W. Elack, who undertook the settlement of the estate. Henry H. Elack and David Hudson Elack, sons of the d...
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delivered the opinion of the Court. Mrs. Eliza Lee filed a hill in equity, against the Baltimore Belt Railroad Company and the Mayor and City Council of Baltimore. The hill alleged that the complainant was the owner in fee of a, lot of ground in the City of Baltimore, and that the Belt Railroad Company had taken possession of it, and was using it for purposes connected with the tunnel which it was...
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delivered the opinion of the Court. The plaintiff, who is a non-resident, sued out a writ of attachment against the defendant, a foreign corporation, and laid it in the hands of the West Virginia Railroad Company as garnishee. What became of the *609attachment suit, the record does not show. The defendant, however, voluntarily appeared to the short note or summons case, and to the declaration whic...
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delivered the opinion of the Court. This is an action for damages brought by the appellee against the appellant for a nuisance. The defendant, at the trial, reserved one exception, and that was to the granting of the plaintiff’s prayer, and to the rejection of two prayers offered on his part. The evidence on the part of the plaintiff shows, that she is the owner of a lot of ground 15x58 feet, whic...
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delivered the opinion of the Court. The appellants were indicted in the Criminal Court of Baltimore for gambling, and on the first day of July, 1891, after a trial before a jury, were convicted. There were two others — James Hagan and John Murphy — who were indicted jointly with them for the same offence, but they were acquitted. Three exceptions were taken by the appellants during the trial to th...
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