Northern Central Railway Co. v. Rutledge
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was instituted in the Circuit Court for Baltimore county, by the appellee against the appellant, to recover damages for the alleged wrongful act of its agents in ejecting the plaintiff from a train of cars on which he was a passenger. The defendant failed to plead to the declaration in time, and a judgment by default for want of a plea was taken by the plaintiff.
Read the full summary
Appeal from the Superior Court of Baltimore City. This action was instituted in the Circuit Court for Baltimore county, by the appellee against the appellant, to recover damages for the alleged wrongful act of its agents in ejecting the plaintiff from a train of cars on which he was a passenger. The defendant failed to plead to the declaration in time, and a judgment by default for want of a plea was taken by the plaintiff. Afterwards the defendant moved to strike out the judgment. This motion was overruled, and an order was passed that on a day named therein, a writ of inquisition should be…
1Opinion of the CourtMiller, J.
After a careful consideration of the question arising on this appeal, a majority of the Court are of opinion a cause cannot be removed for trial, after a judgment by default has been rendered therein, and for the reasons stated by the learned Judge of the Superior Court, in his opinion contained in the record, and accompanying the order *380appealed from. That order is therefore affirmed, and the cause remanded to the Superior Court, that it may he carried into effect.
(Decided 9th February, 1875.)
Order affirmed, and cause remanded.
Alvjsy, J., dissented.
2Cited by5 opinions
- Mayor of Baltimore v. LibowitzCourt of Appeals of Maryland · 1930
- State v. CobournCourt of Appeals of Maryland · 1935
- Mayor of Baltimore v. KaneCourt of Appeals of Maryland · 1915
- Rice v. WestCourt of Appeals of Maryland · 1875
- Schaible v. Home InsuranceCourt of Appeals of Maryland · 1918