Legal Opinion

Smith v. Shaffer

Court of Appeals of Maryland

Decided December 19, 1878PublishedCited by 17 opinions

Appeal from the Circuit Court for Prince George’s 'County, in Equity. When on a previous appeal this cause was before the Court, it was remanded for further proceedings.' The Court below, (Magruder, J.,) thereupon passed a final decree for the sale of the property of the defendants, (the appellants,) to satisfy the mechanic’s lien claim of the complainant with interest, and costs to the defendants, and allowed a day before the sale for the payment.

Read the full summary

Appeal from the Circuit Court for Prince George’s 'County, in Equity. When on a previous appeal this cause was before the Court, it was remanded for further proceedings.' The Court below, (Magruder, J.,) thereupon passed a final decree for the sale of the property of the defendants, (the appellants,) to satisfy the mechanic’s lien claim of the complainant with interest, and costs to the defendants, and allowed a day before the sale for the payment. From this decree the defendants appealed. The case is further stated in the opinion of the Court. „ 1st. Because the appellants are not aggrieved.…

1Opinion of the CourtAlvey, J.

This case has been in this Court on a former appeal by the present appellants, (46 Md., 573;) and the questions then raised on the record were decided, and without affirming or reversing the decree appealed from, the cause was remanded under the provisions of Art. 5, sec. 28, of the Code, to the end that the proceedings might he so amended as to conform to the opinion then expressed. Upon the cause being remanded, nothing whatever was done in the Court below by way of amendment or further-proceedings, except to submit the cause for a new decree, which was passed, on the same state of case…

2Cases cited4 opinions

  1. Trustees of the German Lutheran Evangelical St. Matthew's Congregation v. HeiseCourt of Appeals of Maryland · 1876
  2. Hamilton v. SchwehrCourt of Appeals of Maryland · 1871
  3. Bridendolph v. ZellerCourt of Appeals of Maryland · 1853
  4. Smith v. ShafferCourt of Appeals of Maryland · 1877

3Cited by17 opinions

  1. Loveday v. StateCourt of Appeals of Maryland · 1983
  2. Fidelity-Baltimore National Bank & Trust Co. v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1958
  3. Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1916
  4. Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
  5. Health Services Cost Review Commission v. Franklin Square HospitalCourt of Appeals of Maryland · 1977

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API