Prout v. Berry
Court of Appeals of Maryland
Appeal from the Court of Chancery. (See this case reported in 12 Gill §" John. 285. December 1841.) At this court, the appellees moved to dismiss the appeal, which had been brought up under the act of 1843, chap. 343, viz : “An act for the relief of Jonathan Prout and others.
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Appeal from the Court of Chancery. (See this case reported in 12 Gill §" John. 285. December 1841.) At this court, the appellees moved to dismiss the appeal, which had been brought up under the act of 1843, chap. 343, viz : “An act for the relief of Jonathan Prout and others. Whereas, Jonathan Prout, and Ann, his wife, Thomas T, Gantt, Benjamin S. Gantt and Levi Gantt, have represented to the General Assembly, that they heretofore entered an appeal to the Court of Appeals, against Zachariah Berry, jun’r. and wife, in a case in chancery between Sarah S. Garrett, William O. Sprigg and others,…
1Opinion of the CourtArcher, J.
It appears by the recital to the act of assembly of 1842, ch. 168, that this case was originally dismissed by this court, be*149cause the late register in chancery had omitted to transmit a transcript of the proceedings to this court, within the time prescribed by law, and without any neglect on the part of the appellants. By that law, the case was directed to be reinstated, and brought up by regular continuances, and to be heard at June term, 1843.
The case was again dismissed by this court, because it was of opinion, that the legislature possessed no power in any given determination of the Court…
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