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1 H. & G. 86

Bourne v. Mackall

Court of Appeals of Maryland

Decided June 15, 1826

Court of Appeals of Maryland · decided 1826-06-15

Boyle for the defendant in error, had moved the court, on a former day during this term, to docket this action, and dismiss the writ of error sued out by the plaintiff in error — no record of the proceedings intended to be removed having been transmitted to this court.

Decided 1826-06-15

The Court

¶1then ruled, that the plaintiff in error, and the clerk of Calvert county court, show cause, on or before, &c. (a day during the term,) why a transcript of the record of proceedings in this case had not been returned to and filed in this court, according to the command contained in the writ of error.

¶2*88A copy of this rule was served on the plaintiff in error, arid on the clerk of Calvert county court, and a transcript of'the record of proceedings was filed in this court(a).

¶3Boyle now moved the court to affirm the judgment, or dismiss the writ of error. He stated that it appeared by the transcript of the record filed, that the writ of error was made returnable to the last June term of this court, and that this was the regular term for affirming the judgment, it not being a case for argument; and no counsel appearing for the plaintiff in error,

¶4WRIT OF ERROR DISMISSED.

¶5The clerk had, as he stated, in due time forwarded a transcript of the record by the mail.

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