Thomas v. Hopkins

The appellants moved to strike an enrolled judgment, based on a promissory note, for mistake, surprise, irregularity, deceit and fraud and the court refused the motion without hearing evidence, precipitating the appeal before us.

In January 1953, the plaintiffs below, the appellees here, sued on the promissory note signed by the appellants, William M. Thomas and Frances E. Wood, who later became Mrs. Thomas, in the Circuit Court for Anne Arundel County. The note was filed with the pleadings. The affidavit of the plaintiffs in support of a motion for summary judgment recited the execution of…