United Lines Telegraph Co. v. Stevens
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. The order of the 9th of November, 1885, was a final ratification of the auditor’s report as to the claim of Francis P. Stevens, and others, to which no exceptions had been filed. It also directed and required the United Lines Telegraph Company to pay into Court at once the amount of said claims with interest, &c.
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Appeals from the Circuit Court of Baltimore City. The order of the 9th of November, 1885, was a final ratification of the auditor’s report as to the claim of Francis P. Stevens, and others, to which no exceptions had been filed. It also directed and required the United Lines Telegraph Company to pay into Court at once the amount of said claims with interest, &c. The order of the 19th of November, 1885, overruled the exceptions which had been filed'to the claim of William A. Dunn, amounting to $10,653.?4, and finally ratified the auditor’s report and account as to the same, and directed that…
1Opinion of the CourtStone, J.
' The motion to dismiss the appeals in this case must he overruled. The direct point was decided in Oliver vs. Palmer, 11 Gill & J., 143. In this case an officer of the United Lines made affidavit that the orders appealed from were obtained by fraud, and that the fraud was only discovered within two months before the appeal. This is sufficient.
But while the orders of the 9th and 19th of November, 1885, are before us on appeal, we can in deciding upon the correctness of these orders only consider the proceedings which took place prior to the passing of these orders, and not the subsequent…
2Cases cited2 opinions
- Thruston v. DevecmonCourt of Appeals of Maryland · 1869
- Downes v. FrielCourt of Appeals of Maryland · 1882
3Cited by8 opinions
- Whitlock Cordage Co. v. HineCourt of Appeals of Maryland · 1915
- Falck v. ChadwickCourt of Appeals of Maryland · 1948
- Foxwell v. FoxwellCourt of Appeals of Maryland · 1912
- Hord v. BradburyIndiana Supreme Court · 1901
- Backus v. ReynoldsCourt of Appeals of Maryland · 1930
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