Hannon v. State ex rel. Robey
Court of Appeals of Maryland
Appeal from Charles county court. This was an action of debt, brought in 1840, by William G. Robey and Grace Ann, his wife, the appellees, against the appellants on their bond, as executors of Walter W. Hannon, to recover a legacy claimed by the said Grace Ann, under the will of tire testator. The defendants pleaded general performance, and the plaintiffs replied by setting out the will and the amount claimed in the usual form.
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Appeal from Charles county court. This was an action of debt, brought in 1840, by William G. Robey and Grace Ann, his wife, the appellees, against the appellants on their bond, as executors of Walter W. Hannon, to recover a legacy claimed by the said Grace Ann, under the will of tire testator. The defendants pleaded general performance, and the plaintiffs replied by setting out the will and the amount claimed in the usual form. The case was tried in 1841, and on appeal by defendants, this court reversed the judgment, and sent the case back on a procedendo. The defendants then filed a…
1Opinion of the Court
Chambers, X..,
delivered the opinion of this court.
A preliminary question has been raised in this case, upon the ground that the record was not filed in this court within nine months from the day the appeal was taken; and a certificate has been read by the appellant’s counsel, in which the clerk of Charles county court declares, it was by a verbal order of the appellant’s counsel that the record was detained in his office.
*443We cannot recognize that certificate as being legitimately before us for any purpose. It has none of the attributes of legal evidence.
Upon an inspection of the record, we…
2Cases cited2 opinions
- Hope v. HutchinsCourt of Appeals of Maryland · 1837
- Coale v. HarringtonCourt of Appeals of Maryland · 1826
3Cited by8 opinions
- Hamilton v. RogersCourt of Appeals of Maryland · 1855
- Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
- Carey v. DennisCourt of Appeals of Maryland · 1859
- Cox v. HillCourt of Appeals of Maryland · 1854
- Wilson v. WilsonCourt of Appeals of Maryland · 1872
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