Chenowith v. Smith
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. A bill was filed in the Circuit Court of Baltimore City by Frederick Fickey, Jr., and Andrew J. Fickey, against George E. Chenowith and Thomas M. Dukehart, alleging the existence of a co-partnership between the complainants and the defendants under the name of Fickey Brothers, for the purpose of manufacturing and selling a certain reaping and mowing machine, for which said Chenowith had obtained a patent right; and asking for…
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Appeal from the Circuit Court of Baltimore City. A bill was filed in the Circuit Court of Baltimore City by Frederick Fickey, Jr., and Andrew J. Fickey, against George E. Chenowith and Thomas M. Dukehart, alleging the existence of a co-partnership between the complainants and the defendants under the name of Fickey Brothers, for the purpose of manufacturing and selling a certain reaping and mowing machine, for which said Chenowith had obtained a patent right; and asking for a dissolution of the partnership, a settlement of the partnership accounts and for an injunction and receiver. The bill…
1Opinion of the CourtAlvey, J.
This appeal 'must be dismissed. The ordei: from which it is taken is not final in its character. It is not a final decree, or an order in the nature of a final decree, such as is contemplated by Art. 5, sec. 20, Code of Pub. Gen. Laws. Nor is it embraced by sec. 21 of the same Article, giving the right of appeal in special cases. It is true, the prayer of the petitioner, Charles Chenowith, was refused, but only for the titne. The petition was not dismissed, but was retained, and the subject matter of it reserved for the future order of the court. No question of right, therefore, was finally…
2Cases cited1 opinion
- Balch v. ZentmeyerCourt of Appeals of Maryland · 1840
3Cited by4 opinions
- Eisel v. HowellCourt of Appeals of Maryland · 1959
- City of Detroit v. LewisMichigan Supreme Court · 1896
- Barton v. HigginsCourt of Appeals of Maryland · 1875
- Dampman v. LitzauCourt of Appeals of Maryland · 1971