Chappell v. Funk
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The cause was argued before Bartol, C. J., Miller, ALVEY.and Irvins, J. B. Emmett Jones, and Wm. Shepard Bryan, for the appellees, moved to dismiss the appeal: Because the order overruling appellants’ demurrers to the hill, and ordering them to answer, was not in any respect final, and was not the subject-of appeal. It did not conclude the rights of the parties.
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Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The cause was argued before Bartol, C. J., Miller, ALVEY.and Irvins, J. B. Emmett Jones, and Wm. Shepard Bryan, for the appellees, moved to dismiss the appeal: Because the order overruling appellants’ demurrers to the hill, and ordering them to answer, was not in any respect final, and was not the subject-of appeal. It did not conclude the rights of the parties. As was said in Boteler vs. State, I G. & J., 113: “For aught that we can learn from the record, the defendants may obtain the final…
1Opinion of the CourtMilltcr, J.
The bill in this case was filed by the appellee against the appellants, for an injunction to perpetually restrain injury to the complainant’s property, brought about as alleged, by the manufacturing of vitriol and sulphuric acid in a factory conducted and operated by the defendants upon premises adjoining those of the complainant. Separate demurrers were filed by each of the defendants, mainly upon the ground that the bill was multifarious, but the Court passed an order overruling the demurrers and requiring the defendants to answer on or before the first day of the succeeding term. From this…
2Cases cited14 opinions
- Dittman v. ReppCourt of Appeals of Maryland · 1879
- Dillon v. Connecticut Mutual Life InsuranceCourt of Appeals of Maryland · 1876
- Trego v. SkinnerCourt of Appeals of Maryland · 1875
- Mayor of Baltimore v. WeatherbyCourt of Appeals of Maryland · 1879
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1814
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3Cited by28 opinions
- Young v. CockmanCourt of Appeals of Maryland · 1943
- Borchert v. BorchertCourt of Appeals of Maryland · 1946
- Hendrickson v. Standard Oil Co.Court of Appeals of Maryland · 1915
- Meadowbrook Swimming Club, Inc. v. AlbertCourt of Appeals of Maryland · 1938
- Mayor of Hyattsville v. SmithCourt of Appeals of Maryland · 1907
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