Ellicott v. Eustace
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit by the appellee, as holder, against the appellants, as acceptors, of a foreign bill of exchange. The suit was docketed by consent at the January term 1852 of the court below, and a rule laid upon the defendants to plead within fifteen days.
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Appeal from the Superior Court of Baltimore city. Assumpsit by the appellee, as holder, against the appellants, as acceptors, of a foreign bill of exchange. The suit was docketed by consent at the January term 1852 of the court below, and a rule laid upon the defendants to plead within fifteen days. On the 29th of April 1852, they filed their plea of non assumpsit, accompanied by an agreement of counsel, that at the call of the trial docket they might move to put in a plea of usury, as of that day, which should be received if the court should decide it could be received after the rule day. At…
1Opinion of the Court
Mason, J.,
delivered'the opinion of this court.
One of the questions in this case, which lies at the foundation of the appellants’ right of appeal, has been so often determined in our own courts, and elsewhere, as to be no ¡longer an open question.
The present appeal was taken from the refusal of the court below to allow the defendants to amend their pleadings. It has been decided that from such a judicial act no appeal will lie, because it rests in the sound discretion of the court. In the case of Crockett vs. Parke, 7 Gill, 237, the court expressly except from the operation of the act of 1785,…
2Cases cited5 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Crockett v. ParkeCourt of Appeals of Maryland · 1848
- Ex parte ShipleyCourt of Appeals of Maryland · 1853
- Thomas v. DoubCourt of Appeals of Maryland · 1851
- Gordon v. DowneyCourt of Appeals of Maryland · 1843
3Cited by3 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- Scarlett v. Academy of MusicCourt of Appeals of Maryland · 1875
- Schulze v. FoxCourt of Appeals of Maryland · 1880