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All Reporters → md-lexis → Volume 1892
Opinions in md-lexis Volume 1892
delivered the opinion of the Court.
The defendant in error was indicted at the October Term, 1892, of the Circuit Court for Prince George’s County for selling liquor on Sunday. Upon motion of the defendant, the Court below quashed the indictment, because it did not contain “the allegation or averment that the traverser toas licensed to sell or was a trader. ’ ’
The question is one entirely free fr...
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delivered the opinion of the Court.
This is an action brought in the name of the State for the use of the equitable plaintiffs against the principal and surviving obligors on a bond, conditioned for the faithful performance of the duties imposed on the principal as administratrix. The facts as presented by the record are these: William Staylor died intestate in the year 1877, leaving a widow, Jane...
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delivered the opinion of the Court.
The question in this case is an interesting one, and one too of more than ordinary importance. The plaintiff is a clergyman of the Protestant Episcopal Church, and the defendants are vestrymen of Saint Matthew’s parish, in Garrett County. After some correspondence between the plaintiff and the defendants, and the Bishop of the diocese, in regard to filling a vac...
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delivered the opinion of the Court. William S. Taylor, Jr., and T. Kell Bradford filed a bill in equity against Dwight D. Mallory, Oliver W. Miller, and Elizabeth H. Miller, his wife. It was alleged that Miller had made a deed of trust to John H. Handy for the benefit of his creditors, and that the complainants had become sureties on his bond for the faithful performance of his duties, and that th...
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delivered the opinion of the Court.
The appellant brought an action on the case against the appellees in the Superior Court of Baltimore City, alleging in its narr. that it is a body corporate for social and beneficial purposes, and that the appellees wilfully and maliciously, and without probable cause, instituted a suit for its dissolution in the Circuit Court, Ho. 2, of Baltimore City.
The narr...
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delivered the opinion of the Court.
Hewes and wife brought an action against the Philadelphia, Wilmington and Baltimore Railroad Company. The evidence for the plaintiffs tended to show that the female plaintiff was a passenger in the defendant’s cars to be carried from Perryville to Havre de Grace; that she took passage on the train, which by the schedule was due at Perryville at 7.50 o’clock P. M...
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delivered the opinion of the Court.
The bill in this case was filed by the appellee against the appellant to obtain an injunction to restrain the latter from proceeding to cut a ditch through his meadow, to divert a stream of water from its natural and original course, whereby, as it is alleged, the plaintiffs mill-dam and water-power below would be greatly affected and irreparably damaged.
*42The...
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delivered the opinion of the Court.
This is an action for alleged deceit in the sale of certain shares of stock in a fertilizer company, in the City of Baltimore. The action was brought by the present appellant against the defendants, who were stockholders and officers managing the affairs of the corp'oration that issued the shares that were sold to the plaintiff.
The declaration contains two coun...
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delivered the opinion of the Court. The facts of this case are as follows: Thomas J. Flack died in 1871 seized and possessed of the reversions in fee of several lots of ground in the City of Baltimore, out of' which rents issued amounting, in the aggregate, to three hundred dollars and fifty cents annually. His heirs-at-law consisted of two sons, a daughter, and some grandchildren, the children of...
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delivered the opinion of the Court.
Daniel B. Banks died in 1875, leaving a last will and testament, whereby he devised portions of his estate, including one-third of the residuum, to Andrew Banks, in trust to collect the income thereof, and after defraying proper charges, to pay the net income to the testator’s daughter, Margaret W. Dorsey, during her life. He further devised the corpus of this t...
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delivered the opinion of the Court. John Gregg of the City of Baltimore died in February, 1890, having first made his last will and testament. Among other bequests and devises, he made the follow*172ing: “I, in the first place, devise and bequeath one-half part of all my worldly estate, (one-half part of all my property, real, personal and mixed) unto my brother, James Gregg, my nephew, Maurice Gr...
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delivered the opinion of the Court.
There was some conflict of evidence in this case. According to the testimony for the plaintiff below (who is now appellee,) he through his agents, Alden and Nevin, contracted to sell and deliver to the defendant (who is now appellant) five thousand tons of coal to be delivered free on board the defendant’s vessel at Baltimore. The contract was as follows: “Order...
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Page 14
delivered the opinion of the Court.
This appeal is from the Orphans’ Court of Baltimore City, and the question is, whether the surviving husband of a deceased wife, who died intestate and without children or descendants, and owing no debts, is required to obtain letters of administration upon the estate of his deceased wife, to enable him to collect a chose in action due the wife at the time of he...
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delivered the opinion of the Court.
We cannot agree with the Court below that the plaintiff is entitled to a specific performance of the contract set out in the bill.
The contract is dated 15th J une, 1888, and reads as-follows:
*231‘‘I have this day agreed to and have sold to Mr. W. W. McCullough eighty feet of land in width, running parallel with our division line from railroad to Bunker Hill ro...
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delivered the opinion of the Court.
This is an action to- recover damages for the refusal by the defendant’s agent, to allow the plaintiff to pass through the gate to the train, then about to leave the Calvert Station.
The plaintiff, a lime burner by trade, bought of the defendant’s agent around trip‘ticket from Texas Station to Baltimore, good for two days and paid therefor sixty-*215eight cents....
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delivered the opinioh of the Court. Mrs. Roberta T. Brooke, a widow, died in 1881 leaving a will duly executed, devising certain real estate in Baltimore County to trustees, “in trust and with authority to sell and convey the same, as soon .as the price or sum of two hundred dollars per acre can be obtained therefor, or as soon thereafter, not exceeding one year, as, in the' judgment of such trust...
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delivered the opinion of the Court.
Andrew Callahan of Queen Anne’s County, in this State, made his will on the last day of May, 1810, and the same was admitted to probate on the 14th of June of the same year. By the fifth clause of his will he devised as follows: “I give, devise and bequeath to my daughter, Anna Laura and to her heirs, all my real estate in Queen Anne’s County, subject to her mot...
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delivered the opinion of the Court.
We did not call upon the appellee, for it seemed very clear to us that the affidavit annexed to the pleas filed in this case was not in compliance with either the letter or the spirit of the Act of 1886, chap. 184.
Now, this Act provides that in suits upon contract the plaintiff, upon malting affidavit as therein required, shall he entitled to judgment “at any t...
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delivered the opinion of the Court.
The bill in this case was filed by the executors and trustees under the will of the late Lambert Gittings against the Johns Hopkins University, to obtain a decree for the specific performance of a contract of sale and purchase of two adjoining warehouses, in the City of Baltimore, sold by the trustees to the University, as part of the undivided estate of Lambert...
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delivered the opinion of the Court.
On the nineteenth day of December, eighteen hundred and sixty-seven, William E. McCann and wife executed a mortgage to Olivia Street for a thousand dollars, payable in three years, with interest, payable annually. By a series of assignments which are set out in the hill, the complainant became the owner of the mortgage, and, the same being overdue, filed his hil...
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Page 22
delivered the opinion of the Court.
This is an action of assumpsit brought by the appellants against the appellee for goods sold and delivered.
The na.rr. contains only the common counts, and the defendant pleaded the general issue and limitations. Issue was joined on the general issue pleas, and the plaintiffs replied to the plea of limitations, that the defendant removed and secreted himself out...
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Page 24
delivered the opinion of the Court. In eighteen hundred and ninety, Francis Y. Owens was a legal resident of the first precinct of the twenty-second ward of Baltimore City, and was registered as a qualified voter at the registration of that year from No. 1128 North avenue. Said precinct is in the second legislative district of the city. "He remained there until late in September, eighteen hundred ...
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delivered the opinion of the Court.
The object of this» proceeding is to vacate and set aside a voluntary deed executed by Miss Elizabeth Graham, now Mrs. Elizabeth Whitridge, less than six months after she had reached the age of twenty-one, and about two months prior to her marriage. The deed recites that she had attained the age of twenty-one and was desirous of settling her property in trust, a...
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delivered the opinion of the Court. This was a special case stated for the opinion of the Circuit Court of Baltimore City. It appears that on the ninth day of March, 1864, Henry Tiffany leased a certain lot of ground in Baltimore City to James Boyce at the annual rent of seven hundred dollars. The lease was for the term of ninety-nine years, and was renewable forever. It contained the usual covena...
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delivered the opinion of the Court.
On the fourth of August, 1886, the Globe Benefit Reserve Mutual Life Insurance Company of Baltimore City, issued a policy upon the life of Moses Mason, and a few days thereafter the assured assigned the policy to the appellees. On the twenty-eighth of September following Mason died. Proofs of death were furnished, but the company refused to pay the insurance, an...
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delivered the opinion of the Court.
The appellant was indicted for rape at the August Term, 1891, of the Circuit Court for Frederick County. He pleaded not guilty, and upon his suggestion and affidavit, the case was removed to the Circuit Court for Montgomery County. At the November Term of that Court, upon leave, he withdrew the plea of not guilty. He thereupon, but without leave, filed a plea in...
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delivered the opinion of the Court. This action was brought to recover damages for a nuisance. The appellee is the owner and occupier of the premises known as No. 418 W. Conway street, in the City of Baltimore, and the appellant the owner and occupier of the premises Nos. 414 and 416 in the same street. The former dwelt in his premises, and rented out rooms to lodgers — the latter occupied his pre...
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delivered the opinion of the Court.
The bill of complaint filed in this cause seeks the enforcement of a mechanics’ lien for bricks used in the erection of certain houses in the City of Baltimore. The testimony shows that sometime in the month of October, 1883, Charles W. Rockafeller visited the office of the appellant and stated that he and William J. Spilman were negotiating for the purchase fro...
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delivered the opinion of the Court.
This appeal, taken under the Act of 1892, ch. 506, enacted as section 77 of Article 5 of the Code, is from the final judgment of the Court below, sentencing the appellant to death, on a verdict of murder in the first degree.
*320There are two questions raised. The first is "on a demurrer to the indictment, in respect to the jurisdiction of the Court to try the p...
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delivered the opinion of the Court.
The declaration in this case alleges, in substance, that by a written contract under seal, entered into between the appellant and the appellee, the former agreed to sell to the latter a farm for a stipulated sum of money, and to execute a conveyance therefor and to deliver possession thereof, on April the first, 1890; and that the appellee on his part undertook ...
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delivered the opinion of the Court. We will state the proceedings in this case, so far as they are necessary to understand our opinion. Mary E. Cissell filed a hill in equity in the Circuit Court for Montgomery County for the purpose of enforcing an alleged charge on a certain tract of land for the payment of a proportional part of a legacy. It appears that Samuel S. Cashell by his last will and t...
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delivered the opinion of the Court.
On the ninth of December, 1889, Rachael Hollingshead, then being a feme sole, made and executed her last *370will and testament in due form of law, and on the twelfth of August, 1891, she married Louis E. Roane. On May the thirteenth, 1892, she died. Her will was propounded for probate in the Orphans’ Court of Baltimore City, and a caveat was thereupon filed by ...
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delivered the opinion of' the Court.
John H, Madison, the appellant, filed a petition in the Superior Court of Baltimore City for a writ of mandamus to compel the Harbor Board of that city to award to him a certain contract for dredging, and to forbid it from doing any thing in pursuance of a contract alleged to have been erroneously awarded to the Baltimore Dredging Company.
Much was said, and so...
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delivered the opinion of the Court. Rebecca Wagoner, the appellant, filed a bill in the Circuit Court for Carroll County, alleging that her husband, the appellee in this case, had been guilty of adultery prior to the year 1878, and during other specified years as late as 1882, and praying for a divorce a vinculo. To the bill the appellee pleaded res adjudicata, to which plea the complainant demurr...
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delivered the opinion of the Court.
This is the second appeal growing out of the litigation between the appellant and the appellee, and the question now presented is alleged to be a Federal one.
There are other questions argued and suggested in the elaborate brief filed by the appellant, but we think they have been already disposed of by the opinions of this Court in the former appeal, and on the ...
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delivered the opinion of the Court.
Jacob P., George W. and Charles R. Albert filed a hill in equity against Clara Hamilton, widow, executrix, and residuary legatee of William T. Hamilton, deceased. The allegations were that the decedent, in his life-time, by false and fraudulent representations, procured a mortgage of certain land from them, and from their mother, and from their brothers, Frederi...
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delivered the opinion of the Court.
There cannot be, it seems to us, any difficulty as to the appellees’ title to the property in question. The late John M. Duncan, it appears, was the owner of three undivided sevenths in this property, and the remaining four-sevenths belonged to his three daughters, Helen, Margaret, and Emily. The father devised and bequeathed his undivided three-sevenths to his ...
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delivered the opinion of the Court.
In 1814 Thomas J. Flack died intestate leaving a widow, several children and some grandchildren surviving him. Administration upon his estate was granted to James W. Flack, his eldest son. Henry H. Flack and David Hudson Flack, two of his other sons, were indebted to their father in large amounts. These debts remaining unpaid, and Henry H. and David Hudson Flack...
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delivered the opinion of the Court.
On the 9th of March, 1892, William H. Weaver and twelve others, filed their petition addressed to E. Beatty Graff, Esq., a justice of the peace of the State of Maryland, in and for Baltimore City, alleging that the roadbed of the Baltimore and Harford Turnpike Company for more than fifteen days then last past, had not been in good and perfect order, hut that the...
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delivered the opinion of the Court.
The Columbian Iron Works Company sued Nelson Morris & Co. for a balance alleged to be due for work and materials. Evidence was offered tending to prove that the work was done and the materials were furnished by the plaintiff at the request of the defendants, and that the prices charged were reasonable and proper." The defendants offered to prove by a competent w...
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delivered the opinion of the Court. This is an action of assumpsit brought by the appellee against Moses Westheimer and Michael R. Kelly. The *406declaration contains the ordinary money counts, and with it is filed a statement or hill of particulars, charging the defendants with having collected and fraudulently appropriated to their own use the proceeds of certain cheques drawn by the appellee. K...
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delivered the opinion of the Court.
The appellant was the treasurer of the appellee, which is a social and literary club of Baltimore City, incorporated under the general incorporation laws of this State. As such treasurer he received from time to time, on Sundays and week days, money belonging to the club.
He made a statement in writing of the moneys so received by him, and also of the amount exp...
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delivered the opinion of the Court. This action was brought by the appellee to recover of the appellant for services and attention rendered to the appellant’s testatrix in her life-time, as nurse. It appears that the testatrix was an invalid for several years immediately preceding her death, and part of the time quite helpless, being dependent upon the assistance of others for all her movements. S...
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delivered the opinion of the Court.
The appellee brought this action against the appellants to recover for an injury suffered while in the employ of the latter, resulting from what is alleged to have been a defective and dangerously constructed elevator operated in the appellants' factory. It is alleged by the appellee that he was in the employ of the appellants in their factory to render certain ...
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delivered the opinion of the Court. The plaintiff leased of the defendant’s intestate the dwelling house and premises Number 215 Old Frederick Road, for which he was to pay a rental of $225 a year. The property being in bad condition, the ’ lessor agreed to make the following repairs: First, he was to enclose the premises with new fencing, was to run a neat picket fence from the roadway to Casey’s...
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delivered the opinion of the Court. This is an application to this Court for the exercise of •original jurisdiction in matter of habeas corpus. The petition is filed by a party, claiming to be the father, to get possession and control of two infant children, now in the custody and control of their grandparents. The application is made under the apparent authority conferred upon this Court by secti...
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Page 49
delivered the opinion of the Court. The bill in this case is filed for a specific performance of a contract for the sale of land and improvements thereon. The original and supplemental hills, demurrers thereto, and order of Court thereon, are, by agreement of counsel, omitted from the record, and the questions to be passed upon by the Court arise upon a demurrer to an amended bill. The contract is...
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delivered the opinion of the Court.
The appellants in this case, filed their bill in the Circuit Court for Alleghany County, sitting in equity, for a sale of the real estate, of which John Durkin died seized. The appellees, who were defendants below, by their answer, allege, that the property, which consisted of one lot and improvements situated in the village of Lonaconing, was bought and paid fo...
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delivered the opinion of the Court.
The appellant, Seligman Herzberg, became the purchaser at public auction of certain property situated in Baltimore City, sold by Edwin Warfield under a deed of trust for the benefit of creditors, made by Samuel Rosenthal and Charles Rosenthal. After the sale was reported to the Court, the appellant excepted to its ratification, because, prior to the said sale, b...
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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.
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. 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.
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.
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. 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,
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 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 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. 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.
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.
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. 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.
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 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. 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 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 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. 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.
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.
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. 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.
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.
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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Page 81
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 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. 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 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.
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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Page 86
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.
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.
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. 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.
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. 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 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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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.
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.
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.
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.
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.
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. 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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Page 101
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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