Legal Opinion

Oliver v. Palmer & Hamilton

Court of Appeals of Maryland

Decided June 15, 1840PublishedCited by 14 opinions

Appeal from the Court of Chancery. Motion to dismiss the- appeal by the appellees. The bill in this cause was originally filed in Baltimore county court, as a court of equity, on the 9th August 1837, by the' appellees, against the appellants.. Its object was to recover payment of an order of the 18th June 1821, of Lemuel Taylor on Robert and John Oliver, in favor, of the appellees, under the circumstances alleged in the pleadings.

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Appeal from the Court of Chancery. Motion to dismiss the- appeal by the appellees. The bill in this cause was originally filed in Baltimore county court, as a court of equity, on the 9th August 1837, by the' appellees, against the appellants.. Its object was to recover payment of an order of the 18th June 1821, of Lemuel Taylor on Robert and John Oliver, in favor, of the appellees, under the circumstances alleged in the pleadings. The defendants-were returned summoned- to the September term 1837, of that court; and not appearing, the complainants, on the 15th November 1838, obtained a decree,…

1Opinion of the CourtArcher, J.

Two appeals have been taken in this case, one from the final decree of 8th February 1839, and the other from the Chancellor’s order of 7th May 1840, dismissing the petition of the appellants filed on the 23rd November 1839, which appeals were entered on the 19th May 1840.

Motions have been made to dismiss these appeals. The appeal from the final decree it is insisted, is made at too late a period, and that no appeal will lie from the order dismissing *143the appellants’ petition, for reasons which will be hereafter adverted to.

First, as to the final decree. By the act of 1826, ch. 200, sec. 14,…

2Cited by14 opinions

  1. Green v. HamiltonCourt of Appeals of Maryland · 1860
  2. Herbert v. RowlesCourt of Appeals of Maryland · 1869
  3. Keighler v. Savage Manufacturing Co.Court of Appeals of Maryland · 1858
  4. Edwards v. BruceCourt of Appeals of Maryland · 1855
  5. First National Bank v. EcclestonCourt of Appeals of Maryland · 1878

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