Lippy v. Masonheimer
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Carroll county. The bill in this case was filed on the 2nd of December 1854, by the appellee against the appellant, and Barbara Lippy his wife, alleging, that on the 1st of September 1837, the appellant and his wife agreed to separate, and entered into the contract for a separation, which is set out in the opinion of this court; that according, to this agreement, the parties have lived separate from its date, and continue…
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Appeal from the Equity Side of the Circuit Court for Carroll county. The bill in this case was filed on the 2nd of December 1854, by the appellee against the appellant, and Barbara Lippy his wife, alleging, that on the 1st of September 1837, the appellant and his wife agreed to separate, and entered into the contract for a separation, which is set out in the opinion of this court; that according, to this agreement, the parties have lived separate from its date, and continue to do so; that the husband delivered to the wife the property mentioned in the agreement, and that the latter has…
1Opinion of the CourtEccleston, J.
The motion to dismiss must be overruled upon the authority of Oliver vs. Palmer & Hamilton, 11 Gill & Johns., 137. There appeals had been taken from the original decree, and from the order of the court dismissing the petition which asked to have the enrollment of the decree opened. And motions were made to dismiss both appeals. On page 141, it will be seen, the counsel for the appellees there insist: “That inasmuch as the appellants were in default, in failing to appear and answer, and the said decree was obtained in virtue of the provisions of the act of 1820, chapter 161, the defendants…
2Cited by5 opinions
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