State ex rel. Ockerme v. Gittings
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This suit was brought by the appellant against the appellee, and the summons made returnable at the April return day, 1870, under the Act of 1864, ch. 6, secs. 1 and 2. The appellee was returned summoned. On the return day, which occurred on the 11th of the month, the appellee appeared in his own proper person, and was placed under rule to plead, within fifteen days thereafter.
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Appeal from the Court of Common Pleas. This suit was brought by the appellant against the appellee, and the summons made returnable at the April return day, 1870, under the Act of 1864, ch. 6, secs. 1 and 2. The appellee was returned summoned. On the return day, which occurred on the 11th of the month, the appellee appeared in his own proper person, and was placed under rule to plead, within fifteen days thereafter. On the ninth of May following, being the first day of the May Term, 1870, the appellee moved for a nonpros., claiming to be a resident of Baltimore county, which motion, on the…
1Opinion of the CourtAlvey, J.
The order from which the present appeal was taken, non prossing the plaintiff’s case, presents no question to this Court for review. It was passed upon oral evidence taken in Court, and there was no exception taken to present to this Court the evidence upon which the Court below acted. It is impossible, therefore, for this Court to determine whether the judgment complained of was warranted by the facts of the case or not. If an exception had been taken, as might well have been done, it would have been the right of the plaintiff to have her case reviewed by this Court. But as the facts are not…
2Cases cited1 opinion
- Gittings v. State ex rel. OckermeCourt of Appeals of Maryland · 1871
3Cited by8 opinions
- Bertonazzi v. Hillman, Adm'xCourt of Appeals of Maryland · 1966
- Tyler v. MurrayCourt of Appeals of Maryland · 1882
- Cromwell v. Royal Canadian InsuranceCourt of Appeals of Maryland · 1878
- State Ex Rel. Gemundt v. ShipleyCourt of Appeals of Maryland · 1904
- Kane v. SchulmeyerCourt of Appeals of Maryland · 1998
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