32 Md. 245 | Md. | 1870
delivered the opinion of the Court.
This action was brought to recover from the appellants, executors of James Percy, certain rents which he had received in his lifetime from the United States Government, for the occupation of the property of Rebecca Clary, the appellee, as a temporary hospital. Among other defences, that of set-off was relied upon. To support it, the appellants offered in evidence the record of a judgment against Rebecca Clary and James Percy, which it was conceded had been fully paid by Percy. This judgment had been recovered against them as co-defendants, by a certain George Clise, for a trespass “ in forcibly expelling and removing him from his dwelling house and close.” The offer was made with a proffer to follow it up by proof, that Rebecca Clary had rented the property to Cliso, who was in possession of it on the 4th of March, 1862, claiming to be entitled to hold it for a year longer; that she went to his house on that day and told his family they must move out immediately, as she had rented the property to the United States for a hospital; that she remained there in the house until the United States troops came and put out the family and furniture of Clise on the same day; that James Percy was not present and that the only proof against him was that he aided her in endeavoring to get the rents of the property, from that time, settled and paid over, and that on such evidence the verdict was rendered against both. They also offered to prove that the counsel employed by Percy, for Mrs. Clary and himself in that suit, and who defended the same, were paid each $100, and that the same was reasonable; that ho also employed the attorney and agent who collected the rents from the United States, and- that Mrs. Clary furnished the attorney so employed w'ith the necessary vouchers to receive the same, and that he, Percy, never received or charged anything for his services in the matter. Upon objection being made, the Court below refused to allow the evidence to be given, and in this refusal the appellants allege there is error.
Would the evidence offered and rejected in the Court below have brought the present case within the reason and meaning of this exception ? The wrong complained of, and for which damages were given by the jury, was the forcible ejection of a person and his family from their dwelling house. This surely is not in itself an innoceut act, nor can the parties, who committed it, be supposed to have been ignorant that they were
We see nothing to except this case from the operation of the general rule as to contribution and indemnity among wrong-doers, and think the evidence offered was wholly incompetent to establish any claim against the appellee for the money paid by Percy upon the judgment in question.
There is, however, a part of the evidence offered which ought not to have been rejected. It has been settled by
The judgment below will be reversed, and a new trial ordered, that the appellants may have the benefit of such of the evidence rejected by the Court below, as we have stated in this opinion should have been admitted.
Judgment reversed and new trial awarded.