Legal Opinion

Savage Manufacturing Co. v. Owings

Court of Appeals of Maryland

Decided June 15, 1846PublishedCited by 13 opinions

Appeal from Howard District court. On the 27th September 1842, the appellee and others, filed their petition in the said court, stating, that they and others, were interested in having a road opened and straightened in Howard, District; to begin at the junction of the old Anne Arundel county road with the Columbia Turnpike, near, A commission was issued, and the route of the road surveyed; reported favorably upon, &c., and returned to the court.

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Appeal from Howard District court. On the 27th September 1842, the appellee and others, filed their petition in the said court, stating, that they and others, were interested in having a road opened and straightened in Howard, District; to begin at the junction of the old Anne Arundel county road with the Columbia Turnpike, near, A commission was issued, and the route of the road surveyed; reported favorably upon, &c., and returned to the court. The appellants filed a caveat against the confirmation of the commissioner’s return; but the court, on the 11th March 1844, confirmed the report, and…

1Opinion of the CourtChambers, J.

By the statute law of this State, an appeal is authorised, as a more convenient and less expensive mode than the writ of error, by which to take the proceedings of a common law court, or court of equity, into the Court of Appeals for revision. Unless by the express provision of some act of Assembly, an appeal will not lie, in any case in which a writ of error would not lie.

It is not claimed, that in relation to the case before us, there is any express provision, by act of Assembly, authorising an appeal.

Jurisdiction of this proceeding is not exercised by the county court, in virtue of its…

2Cited by13 opinions

  1. Sugar v. North Baltimore Methodist Protestant ChurchCourt of Appeals of Maryland · 1933
  2. Murrell v. Mayor of BaltimoreCourt of Appeals of Maryland · 2003
  3. Webster v. CockeyCourt of Appeals of Maryland · 1850
  4. Montgomery Ward & Co. v. HerrmannCourt of Appeals of Maryland · 1948
  5. Margraff v. Cunningham's HeirsCourt of Appeals of Maryland · 1882

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