Boteler v. State ex rel. Creditors Chew & Co.
Court of Appeals of Maryland
Appeal from Peince Geoege’s County court. This was an action of Debt, instituted on the 19th of April J 832, by the appellee, against the appellants, and one E. M. Dorsey, (who died pending the suit) on a bond dated August 7th 1830, in the penalty of $5000, conditioned for the performance by said Dorsey, of his duty as trustee, for the sale of certain real estate, mortgaged by one Walter B. Brooke, to Lucy S. Brooke, and decreed to be sold by Prince, George’s County court,…
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Appeal from Peince Geoege’s County court. This was an action of Debt, instituted on the 19th of April J 832, by the appellee, against the appellants, and one E. M. Dorsey, (who died pending the suit) on a bond dated August 7th 1830, in the penalty of $5000, conditioned for the performance by said Dorsey, of his duty as trustee, for the sale of certain real estate, mortgaged by one Walter B. Brooke, to Lucy S. Brooke, and decreed to be sold by Prince, George’s County court, as a court of Chancery, upon a bill by the mortgagee. The defendants pleaded performance of the condition of the bond, by…
1Opinion of the CourtChambers, Judge
We do not think the appellants counsel have succeeded in distinguishing this case, from those, which fall within the well established rule, that no appeal can be prosecuted to this court, until a decision has been had in the court below, which *113is so far final, as to settle, and conclude the rights of the party involved in the action, or denying to the party the means of further prosecuting or defending the suit.
The cases of Munnikuyson vs. Dorsett's Adm'x, 2 Harr, and Gill 374, and State vs. Cox. Ib. 379, were referred to as sustaining a contrary doctrine. But in each of those cases, the…
2Cited by29 opinions
- Schultz v. PrittsCourt of Appeals of Maryland · 1981
- Jolley v. StateCourt of Appeals of Maryland · 1978
- Wilde v. SwansonCourt of Appeals of Maryland · 1988
- Brewster v. Woodhaven Building & Development, Inc.Court of Appeals of Maryland · 2000
- Baltimore City Department of Social Services v. SteinCourt of Appeals of Maryland · 1992
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