Seth v. Chamberlaine
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester County. This suit was originally instituted on the 12th May, 1870, in the Cireuit Court for Talbot county, by’Samuel T. Hopkins, against the appellants, as executors of James M. Seth, to recover the sum of $10,000 for services alleged to have been rendered to their testator by the plaintiff. After various proceedings, which for the purposes of this appeal need not be stated, John II.
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Appeal from the Circuit Court for Dorchester County. This suit was originally instituted on the 12th May, 1870, in the Cireuit Court for Talbot county, by’Samuel T. Hopkins, against the appellants, as executors of James M. Seth, to recover the sum of $10,000 for services alleged to have been rendered to their testator by the plaintiff. After various proceedings, which for the purposes of this appeal need not be stated, John II. Lowe, one of the defendants, on the 15th of May, 1871, filed a suggestion and affidavit for the removal of the canse to some other Court in the same Circuit for trial,…
1Opinion of the CourtAlvet, J.
The principal question on this appeal is, whether the Circuit Court for Talbot county, by the first suggestion made for removal by the defendant, and the order thereon directing the record to be transmitted to the Circuit Court for Caroline county, so far ceased to have jurisdiction over the cause as to preclude it from exercising the power of rescinding its order and allowing the suggestion for removal to be withdrawn, and the cause reinstated for trial; for if that order for removal was rightfully rescinded, there is no question as to the legality of the subsequent removal to the Circuit…
2Cases cited2 opinions
- Manly v. StateCourt of Appeals of Maryland · 1854
- Brown v. Gilmor's Exc'rsCourt of Appeals of Maryland · 1855
3Cited by23 opinions
- Madison v. StateCourt of Appeals of Maryland · 2001
- Greco v. StateCourt of Appeals of Maryland · 1997
- Lee v. StateCourt of Appeals of Maryland · 1931
- Scheve v. McPhersonCourt of Special Appeals of Maryland · 1979
- Czaplinski v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 2001
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