Waters v. Waters
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. This is a motion to dismiss an appeal which was taken from an order of the Circuit Court for Anne Arundel •county, granting a motion by the caveatees for a new trial in a case of issues from the Orphans’ Court of Montgomery ■county, and overruling a motion of the caveators, that the •caveatees be required to elect between their said motion and their exceptions reserved at the trial.
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Appeal from the Circuit Court for Anne Arundel county. This is a motion to dismiss an appeal which was taken from an order of the Circuit Court for Anne Arundel •county, granting a motion by the caveatees for a new trial in a case of issues from the Orphans’ Court of Montgomery ■county, and overruling a motion of the caveators, that the •caveatees be required to elect between their said motion and their exceptions reserved at the trial. The facts of ■the case, upon which these motions are made, are these; The will of Tilghman Waters was admitted to probate in Montgomery county, and…
1Opinion of the CourtCochran, J.
This is an appeal from a decision of the Court below upon a motion for a new trial, and an examination of the record has satisfied us that the motion to dismiss should be sustained.
The issues upon which these proceedings were had, were made up in the Orphans’ Court, and transmitted to a Court of Law for trial; and although they were still to be dealt with as within the probate powers of the Orphans’ Court, the verdict upon them was nevertheless to be found in accordance with principles applicable to the trial of issues joined in the usual course of proceedings in Courts of Law. 14 Md. Rep.,…
2Cases cited4 opinions
- Browne v. BrowneCourt of Appeals of Maryland · 1864
- Warford v. ColvinCourt of Appeals of Maryland · 1859
- Ramsay v. GlassCourt of Appeals of Maryland · 1850
- Howard v. WatersCourt of Appeals of Maryland · 1863
3Cited by17 opinions
- Snyder v. CearfossCourt of Appeals of Maryland · 1946
- Buck v. Cam's Broadloom Rugs, Inc.Court of Appeals of Maryland · 1992
- Thodos v. BlandCourt of Special Appeals of Maryland · 1988
- Sheriff Motor Co. v. State Ex Rel. ParkerCourt of Appeals of Maryland · 1935
- Gross v. Wood Ex Rel. WoodCourt of Appeals of Maryland · 1912
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