State ex rel. Wilson v. McCarty
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This action was brought on the 4th of October, 1881, by the appellant against the appellee, on his testamentary bond, as surviving executor of Edward McCarty, deceased, to recover wliat she claimed as her share, as legatee and devisee of the estate of her father, the said Edward McCarty. On the 22nd of October, 1881, a rule, “ security for costs,” was laid upon the plaintiff.
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Appeal from the Circuit Court for Allegany County. This action was brought on the 4th of October, 1881, by the appellant against the appellee, on his testamentary bond, as surviving executor of Edward McCarty, deceased, to recover wliat she claimed as her share, as legatee and devisee of the estate of her father, the said Edward McCarty. On the 22nd of October, 1881, a rule, “ security for costs,” was laid upon the plaintiff. The case was brought forward by regular continuances to the January Term, 1883, and was marked for trial on the docket, at the call of the docket on the first day of the…
1Opinion of the CourtRobinson, J.
The defendant was not entitled, we think, to a judgment of nonpros, in this case.
The rule, “security for costs,” was laid on the plaintiff at the October Term, 1881. The case was then brought for*375ward by regular continuances to the January Term, 1883, and at this term, on the call of the docket, it was marked for trial. Subsequently, at the request of the defendant, it was agreed the case should be continued. This agreement it is true was not entered on the docket, but it is admitted that both sides understood the case was to be continued.
(Decided 20th June, 1883.)
The right to insist on a…
2Cited by9 opinions
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