Public-domain · open source
OpenJurist

5 G. & J. 52

Turner v. Plowden

Court of Appeals of Maryland

Decided December 15, 1832

Court of Appeals of Maryland · decided 1832-12-15

Debt on single bill—Plea, payment, and an account in bar. This case was before in this court, and will be found in 3 Gill and Johns. 455. It was then reversed, and sent down with a procedendo. At the second trial, the plaintiff (the appellee) read in evidence to the jury, the following single bill, executed by Josiah Turner, the appellant, and one Henry Turner, since deceased. “$303 75.

Cited by 2 later decisions — most recently January 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1832-12-15

View the full empirical analysis of this case →

Dorsey, J.,

¶1delivered the opinion of the court.

¶2We concur with the County Court, in their instruction to the jury, on the account in bar relied on by the defendant, as a set-off to the plaintiff’s debt. The, judgment rendered upon it was a final judgment. To make it absolute as. far as regarded the amount due on the account, no further action of the court was necessary. The filing of Enoch J. Millard’s certificate thereof, was all that was required for that purpose.

¶3The account was extinguished by the judgment, and could therefore never afterwards be available to the defendant, either as a substantive cause of action, or by way of discount, or set-off.

¶4judgment affirmed.

/5/gj/52 · .json · Public domain