Rice v. West
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The facts are stated in the opinion of the Court. Upon the overruling of the motion to remove the case, in the exercise of the usual constitutional right, and the appeal taken thereupon, the Circuit Court had no further jurisdiction in the case, except to order the transcript of record to be sent to the Court of Appeals, and upon failure to file an appeal bond by the defendant, to issue execution for costs.
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Appeal from the Circuit Court for Baltimore County. The facts are stated in the opinion of the Court. Upon the overruling of the motion to remove the case, in the exercise of the usual constitutional right, and the appeal taken thereupon, the Circuit Court had no further jurisdiction in the case, except to order the transcript of record to be sent to the Court of Appeals, and upon failure to file an appeal bond by the defendant, to issue execution for costs. The judgment having been improperly extended, there was no foundation for the issuing of the fi. fa. in the case, and it should have…
1Opinion of the CourtGrason, J.
It appears from the record in this case that a judgment by default was entered against the appellant on the 14th day of September, 1874, and that, on the following day, a motion was filed to strike out the- judgment. Pending that motion, the appellant, on the 26th day of September, *616filed a suggestion and affidavit for the removal of the cause, and on the same day the Court refused to remove the cause, and the defendant appealed. On the same day the Court also overruled the motion to strike out the judgment. On the 14th of November following, judgment was extended, and on the Wth day of the…
2Cases cited1 opinion
- Northern Central Railway Co. v. RutledgeCourt of Appeals of Maryland · 1875
3Cited by6 opinions
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Ressmeyer v. NorwoodCourt of Appeals of Maryland · 1912
- United Railways & Electric Co. v. CorbinCourt of Appeals of Maryland · 1908
- Hunter v. ChaseCourt of Appeals of Maryland · 1923
- Farmers & Merchants National Bank v. AndersonCourt of Appeals of Maryland · 1927
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