Griffith v. . Merritt

This motion to dismiss the defendant's appeal is made upon the ground that no Case and exceptions have been prepared in accordance with the Code and the practice of the court. It is apparent from the slightest inspection of the papers that the fact is so; and the only question, therefore, is, whether this case can be brought within the single exception to the rule which was created by the Laws of 1858 (ch. 306, § 19). The exception is confined to appeals in actions which were originally commenced in the late Court of Chancery of this State. Unless we are prepared to say that the Legislature…