Humphreys v. Slemons
Court of Appeals of Maryland
Appeal from the Circuit Court for Wicomico County, in Equity. The case as affecting the validity of the appeal is stated in the opinion of the Court. A motion was made by tbe appellee to dismiss the appeal because the same was not entered in time, the notice of appeal not being made in writing, and because there was no entry showing that an appeal had been taken.
1Opinion of the CourtFowler, J.
The decree appealed from was passed and filed in the Court below on the second day of June, 1893, and more than two months thereafter the following entry was made by the clerk: “Order for appeal verbally made July 27, 1893. ” This entx-y is the only evidence that an appeal was taken, except the fact of the filing of an appeal bond within the time limited for entering an appeal, in which it is alleged by way of recital that an appeal had been prayed. Unless the mere filing of this bond had the effect and took the place of an order and entry of appeal, the appeal in this case must be dismissed,…
2Cases cited1 opinion
- Hopper v. HainesCourt of Appeals of Maryland · 1889
3Cited by4 opinions
- Preske v. CarrollCourt of Appeals of Maryland · 1940
- Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1901
- Bilbrey v. StrahornCourt of Appeals of Maryland · 1927
- Ellegood v. RobinsonCourt of Appeals of Maryland · 1922