Legal Opinion

Price v. Taylor

Court of Appeals of Maryland

Decided May 13, 1864PublishedCited by 19 opinions

Appeal from the Circuit Court for Baltimore County : The proceedings brought up by this appeal are founded upon issues originally sent from the Orphans’ Court of Baltimore City to tbe Superior Court of Baltimore City, and from tbence removed upon the motion and affidavit of the defendant, John O. Price, (now appellant,) to the Circuit Court for Baltimore County.

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Appeal from the Circuit Court for Baltimore County : The proceedings brought up by this appeal are founded upon issues originally sent from the Orphans’ Court of Baltimore City to tbe Superior Court of Baltimore City, and from tbence removed upon the motion and affidavit of the defendant, John O. Price, (now appellant,) to the Circuit Court for Baltimore County. On tbe 6th of May 185?, tbe said John O. Price filed in tbe Orphans’ Court of Baltimore City, a writing purport-.. ing to "be the last will of Charcilla C. D. 0 wings, of Baltimore County, then lately deceased. A caveat against…

1Opinion of the CourtCochran, J.

In disposing of this appeal we are called upon to decide ■whether the appellee had power to dismiss the issues in this case, and if so, \yhether her order to the clerk of the Court below, directing him to make that entry, was an effective exercise of that power.

These issues were made up and sent to the Superior Court, in pursuance of an order passed by the Orphans’ Court of Baltimore City, on the petition of the appellee, ■who had previously filed a caveat in that Court against the probate of the paper propounded by the appellant, as the last will and testament of Charcilla C. D. Owings,…

2Cited by19 opinions

  1. Houghton v. COUNTY COM'RS OF KENT CTY.Court of Appeals of Maryland · 1986
  2. The Berry Will CaseCourt of Appeals of Maryland · 1901
  3. Campbell v. PorterSupreme Court of the United States · 1896
  4. Schmidt v. JohnstonCourt of Appeals of Maryland · 1928
  5. Diffenderffer v. GriffithCourt of Appeals of Maryland · 1881

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