Cumberland Coal & Iron Co. v. Jeffries
Court of Appeals of Maryland
Appeals from the Circuit Court for Allegany County. The first appeal in this case, being from the judgment rendered against the appellants, who were defendants below, was before this Court on a previous occasion, when the appeal was prosecuted by the Cumberland Coal and Iron Company alone, and the same was dismissed upon the ground that it was so prosecuted by one only of four joint defendants. (See 21 Md.
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Appeals from the Circuit Court for Allegany County. The first appeal in this case, being from the judgment rendered against the appellants, who were defendants below, was before this Court on a previous occasion, when the appeal was prosecuted by the Cumberland Coal and Iron Company alone, and the same was dismissed upon the ground that it was so prosecuted by one only of four joint defendants. (See 21 Md. Rep., 315.) The facts and pleadings in this case, together with the exceptions which Avere taken in the trial beloAv, are set forth with sufficient fulness in the opinion of the Court.
1Opinion of the CourtBartol, J.
This record contains two appeals: the first from the judgment rendered against the appellants, who were defendants below ; the second from the order of the Circuit Court awarding execution on the judgment. The first appeal comes up on four bills of exceptions, which will be considered in their order ; premising that the suit Avas an action of trespass quare clausum fregit; the declaration alleged that the defendants “broke and entered certain lands of the plaintiff, &c., and then and there trod down and trampled upon and destroyed the plaintiff’s grass and crops then and there groAving, and…
2Cases cited2 opinions
- Lovejoy v. IrelanCourt of Appeals of Maryland · 1861
- Cumberland Coal & Iron Co. v. JeffriesCourt of Appeals of Maryland · 1864
3Cited by2 opinions
- Oldenburg & Kelley v. DorseyCourt of Appeals of Maryland · 1905
- Inhabitants of Ellsworth v. Inhabitants of WalthamSupreme Judicial Court of Maine · 1926