Oldenburg & Kelley v. Dorsey
Court of Appeals of Maryland
Plaintiff’s 2nd Prayer. — If the jury shall find that Oldenburg & Kelly, defendants, undertook the construction and repair of certain houses on lots owned by them and that George Billings was employed in the construction and repair of said buildings and he submitted proposals for furnishing material for the same and accepted the proposal and estimate of the plaintiff for a portion of said material; and further that plaintiff declined to furnish said material upon the credit…
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Plaintiff’s 2nd Prayer. — If the jury shall find that Oldenburg & Kelly, defendants, undertook the construction and repair of certain houses on lots owned by them and that George Billings was employed in the construction and repair of said buildings and he submitted proposals for furnishing material for the same and accepted the proposal and estimate of the plaintiff for a portion of said material; and further that plaintiff declined to furnish said material upon the credit of said Billings and sought information of the Canton National Bank as to the credit of said Billings and of said…
1Opinion of the CourtBoyd, J.
This action was brought by the appellee against the appellants and George Billings. Judgment was rendered against all the defendants, but Mr. Billings did not appeal. It is well settled in this State that when a judgment is rendered against several persons jointly all must unite in an appeal. Poe Practice, sec. 82.5 and cases there cited. The rule was applied in Lovejoy v. Irelan, 17 Md. 525, to an appeal from a decree of a Court of equity, but that was subsequently changed by statute. The rule, however, remains unchanged as to cases at law as the statute only embraced appeals from final…
2Cases cited6 opinions
- Small v. SchaeferCourt of Appeals of Maryland · 1866
- Mottu v. PrimroseCourt of Appeals of Maryland · 1865
- Lovejoy v. IrelanCourt of Appeals of Maryland · 1861
- Little v. EdwardsCourt of Appeals of Maryland · 1888
- East Baltimore Lumber Co. v. K'nessett Israel Aushe S'phard CongregationCourt of Appeals of Maryland · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Howell v. HarveyWest Virginia Supreme Court · 1909
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Whisner v. WhisnerCourt of Appeals of Maryland · 1914
- De Waters v. MerglerCourt of Appeals of Maryland · 1944
- Crown Realty Corp. v. WeinsteinCourt of Appeals of Maryland · 1939
9 more not listed; retrieve them via the Exa API.