Price v. Thomas
Court of Appeals of Maryland
Appeal from Washington county court. In this case an action of assumpsit for goods sold and delivered, was brought by the appellees against the appellants and one Arthur Johnston, on the 18th of March 1846. An account, (the cause of action,) was filed with the declaration, with the affidavit of William G. Thomas, one of the firm of Thomas and George, and Richard Plumer, their clerk, as to its correctness, annexed thereto.
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Appeal from Washington county court. In this case an action of assumpsit for goods sold and delivered, was brought by the appellees against the appellants and one Arthur Johnston, on the 18th of March 1846. An account, (the cause of action,) was filed with the declaration, with the affidavit of William G. Thomas, one of the firm of Thomas and George, and Richard Plumer, their clerk, as to its correctness, annexed thereto. The defendants appeared, and, at March term 1847, the death of Johnston was suggested, the plea of final discharge under the insolvent laws filed by Martin, and an order of…
1Opinion of the CourtMason, J.
We can discover no ground for the dismissal of this appeal. The objection that one only of the two defendants had appealed without summpns and severance, raised upon the first record, has been obviated by the amended record, which shows that both defendants united in the appeal.
Because one only of the defendants filed an appeal bond, ■constitutes no valid objection to the appeal.- , The bond might have been omitted altogether, and still the appeal would have been sustainable. To do that imperfectly or incorrectly, which need not be dofie at all,, will not prejudice a party’s case.
The object…
2Cited by6 opinions
- J. A. Laporte Corp. v. Pennsylvania-Dixie Cement Corp.Court of Appeals of Maryland · 1933
- Shirk v. SoperCourt of Appeals of Maryland · 1923
- Lowe v. LoweCourt of Appeals of Maryland · 1959
- Baker v. WinterCourt of Appeals of Maryland · 1860
- Grove v. SwartzCourt of Appeals of Maryland · 1876
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