MARBURY, C.J., delivered the opinion of the Court.
This is a suit by one brother against another to compel repayment of part of the former's income taxes, under an indemnity or assumption agreement entered into at the dissolution of a partnership between them. It was tried before Judge Clark, sitting in the Circuit Court for Howard County, without a jury, and, at the conclusion of the case, a judgment was entered for the defendant for costs, whereupon the plaintiff...
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