Gaines v. Lamkin
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County (Stake, J.) The appellee moved to dismiss the appeal. It appeared from the record that the November term of the Circuit Court for Washington County, at which the case was tried, began on the 19th day of November, 1864, and the actual session of the Court closed on the 5 th day of January, 1895. It also appears that no written order for an appeal was ever filed in the case, and that no docket entry of an appeal was entered…
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Appeal from the Circuit Court for Washington County (Stake, J.) The appellee moved to dismiss the appeal. It appeared from the record that the November term of the Circuit Court for Washington County, at which the case was tried, began on the 19th day of November, 1864, and the actual session of the Court closed on the 5 th day of January, 1895. It also appears that no written order for an appeal was ever filed in the case, and that no docket entry of an appeal was entered until the 30th day of March, 1895, when the entry of “ appeal prayed ” was made by the Clerk upon the application of one…
1Opinion of the CourtRobinson, C. J.
The Code provides that all appeals from any judgment of a Court of law shall be taken within two months from the date of such judgment. Art. 5, section 6. The judgment in this case was rendered on the 2y.th November, i8p¿/., and the appeal was entered on the goth March, i8pg, more than two months from the date of the judgment. It is admitted, however, that the defendant’s attorney, on the 7th of January, 1895, after the actual session of the Court for the November term had ended, gave a verbal order for an appeal, but it was not entered because the Clerk of the Court says he had no…
2Cases cited1 opinion
- Miller v. MurrayCourt of Appeals of Maryland · 1889
3Cited by7 opinions
- Md.-Nat'l Cap. P. & P. Comm'n v. CrawfordCourt of Appeals of Maryland · 1986
- Joseph H. Munson Co. v. Secretary of StateCourt of Appeals of Maryland · 1984
- Maryland-National Capital Park v. CrawfordCourt of Appeals of Maryland · 1986
- Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1901
- Hays v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1904
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