Hall v. Holmes
Court of Appeals of Maryland
Appeals from the Circuit Court for Prince George’s County. These were writs of scire facias issued on the 16th of July, 1863, returnable to the November Term, 1863, of the Circuit Court for Prince George’s county, and were returned to that term by the sheriff, endorsed “ scire feci, William W. Hall; ” Hall was one of the defendants in each case.
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Appeals from the Circuit Court for Prince George’s County. These were writs of scire facias issued on the 16th of July, 1863, returnable to the November Term, 1863, of the Circuit Court for Prince George’s county, and were returned to that term by the sheriff, endorsed “ scire feci, William W. Hall; ” Hall was one of the defendants in each case. A general appearance for all the defendants was entered by William H. Tuck and N. C. Stephens, and a fiat confessed, and rendered on terms, all payments on the judgments to be allowed. At the same term, the defendants moved the Court to strike out the…
1Opinion of the CourtGrasoN, J.
These two cases are contained in the same record, were argued together, and, as the facts and proceedings are the same in both, they will be considered together in this opinion.
The first question to be considered, arises upon the motion to dismiss the appeals, upon the ground that an appeal does not lie from an order overruling a motion to strike out a judgment, and the cases of Hawkins vs. Jackson, 6 H. & J., 151; Washington vs. Hodgskin, 12 G. & J., 355; Thomas vs. Mohler & Graff, 25 Md., 44, and the Cumberland Coal Co. vs. McKaig, et al., 27 Md., 258, were cited in support of the motion.
In…
2Cases cited2 opinions
- Jackson v. Union BankCourt of Appeals of Maryland · 1823
- Cumberland Coal & Iron Co. v. McKaigCourt of Appeals of Maryland · 1867
3Cited by16 opinions
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- Owen v. FreemanCourt of Appeals of Maryland · 1977
- State Ex Rel. Scruggs v. Baltimore Transit Co.Court of Appeals of Maryland · 1939
- Williams v. JohnsonCourt of Appeals of Maryland · 1971
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