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172 Md. 341

191 A 902

Davis v. Winter

Court of Appeals of Maryland

Decided April 30, 1937

Court of Appeals of Maryland · decided 1937-04-30

Relies on Willard v. Wood · Alexander and Other v. Pendleton · Tracy v. Queen City Fire Ins.

Good law ✅— No negative treatment on recordhow we know

Decided 1937-04-30

How this case has been cited

Cited by 10 later decisions — most recently October 2001

10 state decisions

2019371940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bond, C. J.,

¶1 filed a dissenting opinion as follows, in which Sheítan, J., concurred.

¶2 The trial court’s ruling seems to me to have been too well supported to be reversed as erroneous, for it was in conformity with the opinion of this court expressed in Coburn v. Harris, 58 Md. 87, and with the general rule governing application of limitations to second suits after dismissal, nonsuit, or abatement of previous suits. Wood, Limitations, sec. 293; Willard v. Wood, 164 U. S. 502, 523, 17 S. Ct. 176, 41 L. Ed. 531; Alexander v. Pendleton, 8 Cranch 462, 470, 3 L. Ed. 624; Tracy v. Queen City Fire Ins. Co., 132 La. 610, 61 So. 687. It would be better, on an affirmance of a dismissal for want of jurisdiction on one side of the court, to remand the case in order to afford opportunity for a transfer of it, un *350 interrupted, under article 75, sec. 124, of the Code. Martin Fertilizer Co. v. Thomas & Co., 135 Md. 633, 109 A. 458; Maryland Hotel Co. v. Baltimore Engraving Co., 92 Md. 710, 725, 48 A. 716.

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