Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 64

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 64

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... perform the obligations created by the covenants; and pray a reference to the auditor, in order that an account may be stated. To the account filed-by the auditor, both parties excepted, and, upon a hearing, the papers were remanded with instructions. The Court subsequently passed Waverly Mutual and Perm. Land, Loan & Build. Asso. vs. Buck. the order from which this appeal is taken. This order determines that the plaintiff is not entitled to the relief prayed for in its bill of complaint, and directs the auditor to state an account simply as between debtor and creditor. The plaintiff having appealed from the order passed by the Circuit Court, the appellees have filed a motion to dismiss the appeal. This motion necessarily presents the first question for determination, for if the appeal was prematurely taken, a proper disposition of the motion would result in a termination of the pending proceedings. "An appeal shall be allowed from any final decree, or order in the nature of a final decree, passed by a Court of equity." Art. 5, sec. 20, of the Code. The apparent object of this statutory restriction on the right of appeal is to prevent the protraction of litigation to an indefinite period by reiterated applications for an exercise of the revisory powers of the appellate tribunal. If, for alleged errors iq any interlocutory proceeding, a case could be brought here for revision, a multiplicity of appeals would create vexatious delay, and might eventually result in a ruinous accumulation of costs. To avoid this manifest evil, an appeal on a final determination of the questions presented by the issue, brings every supposed erroneous ruling in the intermediate proceedings under review, when all such errors as are discovered can...
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Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236977904
  • 9781236977908