Ecker v. First National Bank
Court of Appeals of Maryland
Appeal as upon Writ of Error, from the Circuit Court for Carroll County. On a former trial of this case a judgment was rendered for the plaintiff, the present appellee. On an appeal hy the defendant, the present appellant, the judgment was reversed and a new trial awarded. (Vide, 59 Md., 291.) A new trial was had, and hy agreement it was submitted to the Court, without the intervention of a jury.
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Appeal as upon Writ of Error, from the Circuit Court for Carroll County. On a former trial of this case a judgment was rendered for the plaintiff, the present appellee. On an appeal hy the defendant, the present appellant, the judgment was reversed and a new trial awarded. (Vide, 59 Md., 291.) A new trial was had, and hy agreement it was submitted to the Court, without the intervention of a jury. It was also agreed that all errors of pleading should he waived, and that any and all testimony might he given that would be admissible under any state of pleading, except under the plea of the…
1Opinion of the CourtAlvey, C. J.
This case is brought into this Court upon assignment of error in the proceedings of the Court below, under Rule 1, respecting appeals. At the common law, the writ of error lies where a party is aggrieved by any error in the foundation, proceeding, judgment or execution of a suit, in a Court of record (Co. Litt., 288, b); but it only reaches errors or defects in substance, that are not aided, amendable, or cured at common law, or by some of the statutes of amendments or jeofails. 2 Tidd’s Pra., 1136.
In the case of Speak vs. Sheppard, 6 H. & J., 81, it was held, that upon writ of error, the…
2Cases cited5 opinions
- Boarman v. PattersonCourt of Appeals of Maryland · 1843
- Bridendolph v. ZellerCourt of Appeals of Maryland · 1853
- Morgan v. BriscoeCourt of Appeals of Maryland · 1853
- Speake v. SheppardCourt of Appeals of Maryland · 1823
- Schleigh v. Hagerstown BankCourt of Appeals of Maryland · 1846
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- State Ex Rel. Coonley v. HallSupreme Court of Missouri · 1922
- Commissioners of Vienna v. Phillips Packing Co.Court of Appeals of Maryland · 1982
- Hartford Accident & Indemnity Co. v. StateCourt of Appeals of Maryland · 1953