Legal Opinion

Adkins v. Hastings

Court of Appeals of Maryland

Decided May 5, 1921PublishedCited by 6 opinions

Appeal from the Circuit Court for Wicomico County (Pjvttisow, C. J., Bailey and Due®, JT.). The parties submitted the following prayers.

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Appeal from the Circuit Court for Wicomico County (Pjvttisow, C. J., Bailey and Due®, JT.). The parties submitted the following prayers. Plaintiff's Prayer. — The plaintiff prays the court to instruct the jury that if they shall find that the goods, the price of which is sued for, in this ease were sold and delivered by the plaintiff to' the wife of the defendant upon his credit with the knowledge, consent and authority of the defendant, and that during the course of dealings between the plaintiff and defendant’s wife, the goods were charged to the defendant and the itemized bills sent to and…

1Opinion of the CourtAdkins, J.

A motion wás filed to dismiss the appeal in this case

“because the bills of exception were not prepared and submitted to the msi prius court within twenty days from the rendition of the verdict in this case as provided by the rules of court for the First Judicial Circuit of Maryland, and were not signed by the nisi prius court and filed by the appellant in this case within the time allowed by the special order made by the nisi prius court in this case, extending the time within which bills of exception could be filed.”

The rule referred to requires that:

“The party taking the exception note the…

2Cases cited3 opinions

  1. Jones v. Joel Gutman & Co.Court of Appeals of Maryland · 1898
  2. Pratt v. WhiteMassachusetts Supreme Judicial Court · 1882
  3. Marine Bank v. StirlingCourt of Appeals of Maryland · 1911

3Cited by6 opinions

  1. White v. ParksCourt of Appeals of Maryland · 1928
  2. Vaccarino v. CozzuboCourt of Appeals of Maryland · 1943
  3. Baker v. StateCourt of Special Appeals of Maryland · 1977
  4. Cohen v. BogatzkyCourt of Appeals of Maryland · 1925
  5. Poole Engineering & MacHine Co. v. SwindellCourt of Appeals of Maryland · 1932

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