Greff v. Fickey
Court of Appeals of Maryland
Appeals from the Court of Common Pleas. The cause was argued before Bartol, C. J., Nelson, Stewart and Miller, J. The pleas of the defendant were properly stricken out as they had not been sworn to. Act of 1864, oh. 6, see. 7. The omission of the clerk to enter on the docket that the pleas were stricken out, and judgment by default entered for want of affidavit to the same was a clerical misprision, which the Court had power to rectify and ought to have amended.
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Appeals from the Court of Common Pleas. The cause was argued before Bartol, C. J., Nelson, Stewart and Miller, J. The pleas of the defendant were properly stricken out as they had not been sworn to. Act of 1864, oh. 6, see. 7. The omission of the clerk to enter on the docket that the pleas were stricken out, and judgment by default entered for want of affidavit to the same was a clerical misprision, which the Court had power to rectify and ought to have amended. Short vs. Coffin, Fx’r, 5 Burr., 2730; Mara vs. Quin, 6 Term Rep., 1; Smith vs. Fuller, 2 Strange, 786; Usher vs. Dansey, 4 M. & S.,…
1Opinion of the Court
Bartol, C. J.,
delivei’ed the opinion of the Court.
The first appeal in this record was taken from the order passed by the Court of Common Pleas, on the 22d day of May, 1867, staying the writ of execution, and imposing certain terms upon the parties. The second appeal is from an *77order passed on tbe 22d day of October, 1867, overruling the motion of the appellants to have certain docket entries of proceedings in that Court amended and completed, as suggested in the motion.
The second appeal will be first disposed of. It appears from the record that after the first appeal bad been taken and the…
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- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Waters v. WatersCourt of Appeals of Maryland · 1866
- Hollingsworth's Adm'x. v. FloydCourt of Appeals of Maryland · 1827
- Graff v. Merchants & Miners Transportation Co.Court of Appeals of Maryland · 1862
- Munnikuyson's Adm'x. v. Dorsett's Adm'x.Court of Appeals of Maryland · 1828
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