General

THE WELSBACH STREET LIGHTING COMPANY OF AMERICA VS. JAMES J. JOHNSTON ET AL.

2 Balt. C. Rep. 162·Baltimore City Circuit Court·1901·MD

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

CIRCUIT COURT OF BALTIMORE CITY. Filed June 14, 1901. THE WELSBACH STREET LIGHTING COMPANY OF AMERICA VS. JAMES J. JOHNSTON ET AL. Findlay & Mackenzie for plaintiff. Sproesser & Brooks and James Fluegel for defendants. [MAJORITY — RITCHIE, J.—] RITCHIE, J.— The petition of the plaintiff that the answer filed by the defendants, other than the defendant James J. Johnston, may be taken from the files and not received, because • the same is verified by the affidavit of only one of said defendants, being heard and submitted after argument by counsel. And it appearing that said answer is responsive, and is sufficient to put the cause at issue, and that no exceptions have been filed to the same: It is thereupon ordered this 14th day of June, 1901, that the said petition be and the same is hereby dismissed. ' Whether or not it is necessary that the said answer should be sworn to by each one of said defendants, in order to make it sufficient to support a motion to dissolve the injunction, is a question which does not arise on this petition, See Mahaney vs. Lazier, 16 Md. 69.