Mottu v. Primrose
Court of Appeals of Maryland
Appeal from the Superior Gourt of Baltimore city; The petition of the appellee for the writ of mandamus, filed on the 15th day of April 1865, states that the petitioner is a stockholder in Loudon Park Cemetery Company, to the extent of four hundred and eighty-nine shares, of the par value of $100 each; that said Company is a corpora^ tion created by a certificate in writing, under the hands and seals of James S. Primrose and ten others, dated the 22nd of Eehruary 1853, which…
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Appeal from the Superior Gourt of Baltimore city; The petition of the appellee for the writ of mandamus, filed on the 15th day of April 1865, states that the petitioner is a stockholder in Loudon Park Cemetery Company, to the extent of four hundred and eighty-nine shares, of the par value of $100 each; that said Company is a corpora^ tion created by a certificate in writing, under the hands and seals of James S. Primrose and ten others, dated the 22nd of Eehruary 1853, which was duly executed and ac;-knowledged according to law, and recorded in the office of the clerk of the .Superior Court…
1Opinion of the CourtBartol, J.
In this case, the judgment below was rendered against six defendants, and the appeal has been taken by five of them only; and the appellee has moved to dismiss the appeal, on account of the non-joinder of the other defendant. Since the decision of the case of Lovejoy vs. Irelan, 17 Md. Rep., 525, the law must be considered as settled, that where a judgment is rendered jointly against several persons, an appeal cannot be prosecuted by some of them, without the others, unless there be summons and severance.
This rule rests not only upon authority, but is founded in reason and justice; otherwise…
2Cases cited4 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Lovejoy v. IrelanCourt of Appeals of Maryland · 1861
- Ellicott v. Levy CourtGeneral Court of Virginia · 1802
- Smith v. ErbCourt of Appeals of Maryland · 1846
3Cited by21 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Albert E. Touchet, Inc. v. TouchetMassachusetts Supreme Judicial Court · 1928
- Bassett v. AtwaterSupreme Court of Connecticut · 1895
- Davis v. United States Electric Power & Light Co.Court of Appeals of Maryland · 1893
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