Phillips v. Pearson
Court of Appeals of Maryland
Appeal from the Equity side of the Circuit Court for Frederick County. The hill in this case was filed on the 14th of December, 1863, by the appellant, as executor of Noah Phillips, and charged in substance that a certain Isaac Wright, being indebted to the said Noah in the sum of $1,400, evidenced by his four single bills of $350 each, dated 7th of April, 1848, payable respectively at two, three, four and five years after date, with interest from date, to secure payment…
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Appeal from the Equity side of the Circuit Court for Frederick County. The hill in this case was filed on the 14th of December, 1863, by the appellant, as executor of Noah Phillips, and charged in substance that a certain Isaac Wright, being indebted to the said Noah in the sum of $1,400, evidenced by his four single bills of $350 each, dated 7th of April, 1848, payable respectively at two, three, four and five years after date, with interest from date, to secure payment thereof, did, with his wife, execute to the said Noah a mortgage of the same date of certain real estate in Frederick…
1Opinion of the CourtBowie, C. J.
The preliminary question in this case on the motion to dismiss, is whether there is any final decree, or decretal order, from which an appeal could be taken.
The only entry on the record, manifesting the action of the Court below, is an opinion of the Judge, concluding as follows, “viewing the whole case as it is presented to me, I think this bill cannot be sustained, and must be dismissed with costs as to the defendant Pearson. ”
Upon the filing of which the complainant, without waiting the further order of the Court, on the same day, entered an appeal.
There were several other defendants in…
2Cases cited5 opinions
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Thompson v. M'KimCourt of Appeals of Maryland · 1824
- Hagthorp v. Hook's Adm'rs D. B. N.Court of Appeals of Maryland · 1829
- Roberts v. SalisburyCourt of Appeals of Maryland · 1831
- Howard's Lessee v. GardinerGeneral Court of Virginia · 1792
3Cited by20 opinions
- Alleghany Corp. v. Aldebaran Corp.Court of Appeals of Maryland · 1938
- Kennedy v. Foley, ReceiverCourt of Appeals of Maryland · 1965
- Western National Bank v. National Union BankCourt of Appeals of Maryland · 1900
- Jackson v. County Trust Co.Court of Appeals of Maryland · 1939
- Mattingly v. HoustonCourt of Appeals of Maryland · 1969
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