Karthaus v. Owings
Court of Appeals of Maryland
Appeal from Baltimore county court. Debt on an ap.-[pcalbond. The defendant below, (now appellant) pleaded I general performance, to which there was the following repli- ' cation: VAnd the said Owings, by his said-attorneys, saith, ; that by any thing, in the said- plea of- the said- Karthaus. ' pleaded, he ought not to be precluded from having and- ’ maintaining his action aforesaid against him the said- Karthaus, because, protesting that the said- Karthaus, in the con-,…
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Appeal from Baltimore county court. Debt on an ap.-[pcalbond. The defendant below, (now appellant) pleaded I general performance, to which there was the following repli- ' cation: VAnd the said Owings, by his said-attorneys, saith, ; that by any thing, in the said- plea of- the said- Karthaus. ' pleaded, he ought not to be precluded from having and- ’ maintaining his action aforesaid against him the said- Karthaus, because, protesting that the said- Karthaus, in the con-, dition of- the said writing obligatory mentioned, from the. time of making the said writing obligatory, hath not welp and…
1Opinion of the Court
The opinion of the court, was delivered by
Dorsey, L
On the argument of the demurrefs in this tease, the true construction of the appeal bond; on which the present suit wes instituted? has been, brought into' ¿Us. cussion. On the part of the' appellant, it was contended? that the words “prosecute with effect,” mean that the party práying the appeal, shall prosecute it to final judgment? While the other side insisted, that these words imposed on the appellant.the necessity of. prosecuting the appeal to a siifcfcessful termination, ora reversal of the judgment. This-court áre of opinion, that the…
2Cited by7 opinions
- Soper v. JonesCourt of Appeals of Maryland · 1881
- Le Strange v. State ex rel. RocheCourt of Appeals of Maryland · 1882
- Forwood v. MagnessCourt of Appeals of Maryland · 1923
- Campbell v. HarringtonMissouri Court of Appeals · 1902
- Mayor of Baltimore v. Maryland Pavement Co.Court of Appeals of Maryland · 1917
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