Chappell v. Funk
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The cause was argued before Bartol, C. J., Miller, ALVEY.and Irvins, J. B. Emmett Jones, and Wm. Shepard Bryan, for the appellees, moved to dismiss the appeal: Because the order overruling appellants’ demurrers to the hill, and ordering them to answer, was not in any respect final, and was not the subject-of appeal. It did not conclude the rights of the parties.
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Appeals from the Circuit Court of Baltimore City. The case is stated in the opinion of the Court. The cause was argued before Bartol, C. J., Miller, ALVEY.and Irvins, J. B. Emmett Jones, and Wm. Shepard Bryan, for the appellees, moved to dismiss the appeal: Because the order overruling appellants’ demurrers to the hill, and ordering them to answer, was not in any respect final, and was not the subject-of appeal. It did not conclude the rights of the parties. As was said in Boteler vs. State, I G. & J., 113: “For aught that we can learn from the record, the defendants may obtain the final…
1Dissent
Alyiíy, J.,
filed the following dissenting opinion, as to the right of appeal:
I cannot agree in the determination that this appeal should he entertained by this Court. It is taken from an order overruling demurrers to the bill, and directing the defendants to answer. It would seem to he too plain for argument, that this order is not a final decree, and it is *478equally clear that it cannot, in any proper sense, be taken as “an order in the nature of a final decree;” and unless it can he fairly treated as an order in the nature of a final decree, the right of appeal does not exist. Code, Art. 5,…
2Cases cited20 opinions
- Beebe v. RussellSupreme Court of the United States · 1857
- John Perkins v. Edward F. Fourniquet and Wife, and Martin W. Ewing and WifeSupreme Court of the United States · 1848
- Edward P. Fourniquet and Wife, and Martin W. Ewing and Wife v. John PerkinsSupreme Court of the United States · 1854
- Forbes v. TuckermanMassachusetts Supreme Judicial Court · 1874
- Dillon v. Connecticut Mutual Life InsuranceCourt of Appeals of Maryland · 1876
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