Traber v. Traber

Bartol, C. J., delivered the opinion of the Court. This suit was instituted hy the appellant in the Court of Common Pleas of Baltimore City, and was removed to the Circuit Court for Baltimore County, from whose judgment this appeal has been taken. The declaration was filed under the Act of 1864, ch. 6, with affidavit and account thereto annexed. The defendant appeared and pleaded: 1st.

That he never was indebted as alleged. 2nd. That he did not promise as alleged. Appended to the pleas was an affidavit made on behalf of the defendant, hy Caroline Traber, “that the above pleas are true, and that he verily believes that he will be able at the trial of the cause, to produce sufficient evidence to support the same.” Issue was joined on the pleas, which was afterwards on motion of the plaintiff, stricken out, whereupon the plaintiff moved the Court to enter judgment in his favor, notwithstanding the pleas “for the reason alleged that there is no sufficient affidavit to the pleas under the 7th section of the Act of 1864, ch. 6.” This motion was overruled hy the Court of Common Pleas. The case was then, at the instance of defendant removed to the Circuit Court for Baltimore County, where the same was tried,' and the verdict and judgment being in favor 'of the defendant the plaintiff appealed; and alleges that there was ³ error in the ruling hy the Court of Common Pleas upon his