Lwein v. Simpson
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The nature of the case is fully stated in the opinion of the Court. The following exceptions were taken by the plaintiff. First Exception. — At the trial of this cause the plaintiff offered evidence tending to prove that he was in possession of the land conveyed to him by deed from Thomas Gf.
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Appeal from the Circuit Court for Baltimore County. The nature of the case is fully stated in the opinion of the Court. The following exceptions were taken by the plaintiff. First Exception. — At the trial of this cause the plaintiff offered evidence tending to prove that he was in possession of the land conveyed to him by deed from Thomas Gf. Rutledge, et al., executors, etc., and offered evidence tending to prove what were the boundaries between the land of the plaintiff and that of the defendant around the mill-pond ; and that the water was obstructed by the dam upon which the defendant,…
1Opinion of the CourtMiller, J.
The motion to dismiss this appeal must be overruled. The certificate of the clerk, appended to the record, that *481it was through his inadvertence and misplacing of the papers, that the record was not sent up within the six months, not being controverted, gratifies the 16th Rule regulating appeals. It is unlike the case of Hannon vs. Robey, 9 Gill, 440. There the certificate of the clerk was to the effect that the record was detained by order of the appellant’s counsel, and this Court refused to recognize it as evidence, on the motion to dismiss. As the law then stood, the delay in the…
2Cases cited1 opinion
- Hannon v. State ex rel. RobeyCourt of Appeals of Maryland · 1851
3Cited by5 opinions
- Brooke v. WintersCourt of Appeals of Maryland · 1874
- Davis v. HamblinCourt of Appeals of Maryland · 1879
- City Dairy Co. v. ScottCourt of Appeals of Maryland · 1916
- Uhler v. Real Properties, Inc.Court of Appeals of Maryland · 1980
- Brinsfield v. MatherCourt of Appeals of Maryland · 1934