Grove v. Swartz
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. This suit was brought by Henry Swartz against William K. Grove and George Grove on their single hill. The case was referred under a rule of Court to Joseph M. Parke, who returned his award on the 11th of June, 1875, finding due to the plaintiff the sum of $263.62. The award was signed hut not sealed.
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Appeal from the Circuit Court for Carroll County. This suit was brought by Henry Swartz against William K. Grove and George Grove on their single hill. The case was referred under a rule of Court to Joseph M. Parke, who returned his award on the 11th of June, 1875, finding due to the plaintiff the sum of $263.62. The award was signed hut not sealed. Exceptions to the award were filed by thé defendants, which were overruled, and on the 22nd of December, 1875, judgment was entered for the plaintiff. On the first of March,, 1876, an appeal was prayed.
1Opinion of the CourtBowie, J.
There is a motion to dismiss the appeal in this case, on the ground that one of the nominal appellants had died before the prayer for an appeal was filed in the Court below. The appellee has filed an affidavit, showing that George Grove, one of the defendants and nominal appellants, died on or about the 26th of January, 1876, four or five weeks before the appeal was taken, and no counter evidence is adduced by the appellant William K. Grove.
Assuming the facts to he true as stated, it does not clearly appear from the record, that the appeal was taken or intended to he taken in the names of…
2Cases cited1 opinion
- Price v. ThomasCourt of Appeals of Maryland · 1853
3Cited by2 opinions
- Chillum-Adelphi Volunteer Fire Department, Inc. v. Button & Goode, Inc.Court of Appeals of Maryland · 1966
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