Sample v. Motter

Decided December 15, 1853

Court of Appeals of Maryland · decided 1853-12-15

Appeal fiom the Equity Side qf the Circuit Court of Carroll county, The record in this case shows that the last order passed in it, was on the 25th of January 1853, and that from this order as well as all the previous proceedings in the case, an appeal was prayed on the 30th of April 1853. The transcript of the record was not filed in this court until the 6th of May 1854. The appellee moved to dismiss the appeal, because the record was not transmitted to this court in time.

Cited by 1 later decisions — most recently March 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-15

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Mason, J.,

¶1delivered the opinion of this court*

¶2A motion is made in this case to dismiss the appeal, and among other reasons assigned in support of the motion, it is contended by the appellee, that “the transcript of the record was not transmitted to this court within the time required by law.”

¶3 *370It appears from the affidavits filed in support of the motion to dismiss, that the original papers in the cause having been taken out of the clerk’s office by the counsel for the appellant, were by accident or inadvertence not returned, so as to enable the clerk to make up and transmit the record to this court, within the time prescribed by law. Under such circumstances we think the appellant and not the clerk, should be held answerable for the consequences of the delay. We think therefore the appeal should be dismissed. Glenn vs. Chesapeake Bank and Alexander, 3 Md. Rep., 475.

¶4Appeal dismissed.