Johnston v. George
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of assumpsit originally brought by the appellees against Price, Martin and Johnston, in March 1846. At March term 1847, Johnston’s death was suggested, and a separate suit docketed and prosecuted against the appellants, his administrators.
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Appeal from Washington County Court. This was an action of assumpsit originally brought by the appellees against Price, Martin and Johnston, in March 1846. At March term 1847, Johnston’s death was suggested, and a separate suit docketed and prosecuted against the appellants, his administrators. In November 1847, both cases were referred underothe act of Assembly, to certain referees who made an award in March 1848. To this award the record states, “the counsel for the defendants, Johnston and Fischer, administrators as aforesaid, filed the following exceptions.” These exceptions were not…
1Opinion of the CourtLe Grand, C. J.
It was agreed in this cause, if the court should be of opinion the appellants were entitled to a writ of dimintion, as asked, that then the record should be considered as amended, so as to make.it appear an appeal had been taken from the rendition of the judgment on the award, as well as from the refusal of the court to sustain the motion to strike out said judgment.
We have no doubt that under the rule and practice of this *455court the appellants, on the suggestion filed, are entitled to the writ. The suggestion contains all the necessary averments of the fact, that the appeal was asked from the…
2Cases cited1 opinion
- Price v. ThomasCourt of Appeals of Maryland · 1853
3Cited by2 opinions
- Baltimore Skate Manufacturing Co. v. RandallCourt of Appeals of Maryland · 1910
- Philadelphia, Wilmington & Baltimore Railroad v. ShipleyCourt of Appeals of Maryland · 1890