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2 H. & J. 367

Smith & Buchanan v. Gorton

Court of Appeals of Maryland

Decided June 15, 1806

Court of Appeals of Maryland · decided 1806-06-15

Atonal from Baltimore County Court. Assumpsit by the appellee against the appellants. The declaration contained two counts. The_ general issue was pleaded; ami at the trial the plaintiff offered certain testimony in evidence. The defendants objected to +lio testimony being given to the jury in support of the issue joined on the second count jn the declaration,; but the county court.

Decided 1806-06-15

The Court

¶1were' of opinion that theVe was error ini the form of proceedings, the second count in the declaration being defective; but they concurred in the Opinion expressed by the court below, in the bill of exceptions.

¶2JUDGMENT REVERSED, AND PROCEDENDO' AWARDED.

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