State ex rel. Farmers Bank of Maryland v. Mackall
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of debt, brought by the' appellant on thé 9th April 1835. There was a verdict for the defendant below, after various exceptions taken by the appellant, at October term 1839, which term commenced on the 14th day of the month.
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Appeal from Prince George’s County Court. This was an action of debt, brought by the' appellant on thé 9th April 1835. There was a verdict for the defendant below, after various exceptions taken by the appellant, at October term 1839, which term commenced on the 14th day of the month. The bills' of exceptions were dated--day of October 1839‘. The record of the cause then proceeded as follows : “Thereupon the said plaintiff, by its attornies aforesaid, prayS that it may appeal from the judgment aforesaid of the court here so as aforesaid rendered, to the High Court of Appeals of the State of…
1Opinion of the CourtArcher, J.
A motion has been made to dismiss the appeal taken in this case. The judgment was rendered, October 1839, and by the act of 1826, ch. 200, sec. 13, each party had three years froid the rendition of the judgment in the court below, to enter his appeal to this court. But the record does not shew at what time the appeal was entered. The bill of exceptions was filed at the October term 1839. But the filing of the exception is not equivalent to the entry of an appeal. We could not dismiss the appeal, as not having been brought to this court iri time, unless the time of its entry appeared in the…
2Cited by2 opinions
- Bond v. Citizens National BankCourt of Appeals of Maryland · 1886
- Kamps v. AlexanderCourt of Appeals of Maryland · 1918