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The Court of Appeals of Maryland, A History
Volume 368, Page 110   View pdf image (33K)
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110 court of appeals of maryland

took notes of trials in that court thenceforth. An
interesting example of the fullness of his note
taking is to be found in his reproduction of the
colloquy in the General Court in 1805, between
Chief Judge Jeremiah Townley Chase and Attor-
ney General Luther Martin, reported in 1 Harris
& Johnson's Reports, pages 715 to 717. The court
had ruled that there was evidence in the case suf-
ficient to enable the jury to find that parties to be
charged with an agent's contract had notice of it
within ten days after its execution. But that was
upon the supposition that all the parties were in
Philadelphia, whereas the parties to receive the
notice were in South Carolina. Then the notes
proceed:

The Attorney Genl. observed that none but an angel on the
wings of the wind could give notice in ten days at such a
distance.

The Chief Justice told Mr. Atty. he had a right to take an
exception to the opinion of the court but that he had no right to
make any observation which tended to reflect on the court, or
to induce bystanders to believe the court had been guilty of an
absurdity. That Mr. Atty. had been too much in the habit of
such conduct and he was, so far as related to himself, deter-
mined to submit to it no longer; that as long as he held a seat
on that bench (and he did not know how long that might be)
he was resolved to have a proper respect paid to the court. He
could not conceive what the distance of South Carolina from
Philadelphia had to do with the opinion of the court.

Robert Goodloe Harper then informed the court
of the removal of the parties to South Carolina
and the difficulty of reaching them in any short
time. All this, and a great quantity of proceed-
ings in similar detail are set out in Harris' con-
temporary notes, more fully than in the printed



 
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The Court of Appeals of Maryland, A History
Volume 368, Page 110   View pdf image (33K)
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