Crichton v. Smith
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The nature of the case together with the exceptions which were taken by the defendants, are stated in the opinion of the Court. The verdict and judgment being for the plaintiffs, the defendants on the 26th of February, 1870, the day following the entry of the judgment, made a motion for a new trial, and filed reasons, embracing the exceptions they had taken in support thereof.
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Appeal from the Baltimore City Court. The nature of the case together with the exceptions which were taken by the defendants, are stated in the opinion of the Court. The verdict and judgment being for the plaintiffs, the defendants on the 26th of February, 1870, the day following the entry of the judgment, made a motion for a new trial, and filed reasons, embracing the exceptions they had taken in support thereof. On the 28th of February, a copy of the docket entries in the case and the papers, were transmitted to the Supreme Bench of Baltimore City. On the 5th of May following, the motion…
1Opinion of the CourtBrent, J.
As was intimated at the argument, we entertain no doubt, that this appeal is properly before the Court. The case before the Supreme Bench of Baltimore City was solely upon the motion by the defendants, who are the appellants here, for a new trial, which motion that Court alone was authorized to hear under the then provisions of the judiciary system for Baltimore City. The party making the motion had, at any time, the right to withdraw it by leave of the Court, and this having been done, the question was as effectually settled in that Court as if it had been heard and decided. The original…
2Cited by1 opinion
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