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2 Md. 271

Mitchell v. Smith

Court of Appeals of Maryland

Decided December 15, 1852

Court of Appeals of Maryland · decided 1852-12-15

The cause of action in this case was the same as in the preceding, and the facts are also the same, except that in this case the1 appeal was taken directly from the order of the court consolidating the causes.

Cited by 4 later decisions — most recently May 1950

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-12-15

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Mason, J.,

¶1delivered the opinion of this court.

¶2The appeal in the present case was taken from an order of the county court, consolidating the same with another case, *274against another party, but for the same, and a joint cause of action.

¶3We do not deem it necessary to express any opinion upon the propriety or regularity of the consolidation in the present instance, for the reason, that we do- not regard the question decided by the court below, as presented by the present record, as constituting a proper subject matter of appeal. The order, though it may have formed a proper basis for an appeal after the termination of the suit, if properly presented, yet as it now stands before us we do not so regard it, because no right of the party was finally settled by it.

¶4For this reason the- court order the appeal to be dismissed.

¶5Appeal dismissed.

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