Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 86

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 86

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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. 1898 edition. Excerpt: and as we have no doubt about the right of the appellees to invoke the remedies furnished by the Act of 1894 to accomplish that end, we will afiirm the order of the Court below. In Francis v. PVmz1er, supra, it was held that there could be no appeal to this Court. As the question was not raised, we have thought it best to determine this case on its merits, without passing any opinion on the right of appeal in proceedings of this character. MATHILDE GOLDSCHMID, EXECUTRIX or RUDOLF GOLDSCHMID, vs. MANCHE H. MELINE. /Vhere a party plaintiff dies after the rendition of a judgment for the defendant and before an appeal is taken, his executor or administrator cannot appeal from the judgment, because the statute does not provide for an appeal in such case. The cause was submitted on briefs by D. IV. Ba.'cents'r, Adolph G. Wolf, Bowie F. Waters, for the appellant, and Robert B. Peter and Frederick E. C/to/win, for the appellee. MCSHERRY, C. j., delivered the opinion of the Court. The appeal in this case must be dismissed. The facts are these: One Rudolph Goldschmid brought suit in the Circuit Court for Montgomery County against Manche H. Meline and Louis D. Meline in assumpsit on a promissory note. The issues raised by the pleadings were tried, and the trial resulted in a verdict and judgment for the defendant, Manche Meline. This judgment was entered on November the seventeenth, eighteen hundred and ninety-six. On january the twelfth, eighteen hundred and ninety-seven, the present appellant claiming to be the executrix of the last will of Rudolph Goldschmid, the plaintiff of record who The Act of 1898, chap. 29, now provides that in any cause in which the party plaintiff or party defendant shall have died, either before or afteshow more

Product details

  • Paperback | 262 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236908023
  • 9781236908025