Supreme Court of Maryland, 1875

Northern Central Railway Co. v. Rutledge

Northern Central Railway Co. v. Rutledge
Supreme Court of Maryland · Decided February 9, 1875 · Miller
41 Md. 372; 1875 Md. LEXIS 54
Northern Central Railway Co. v. Rutledge

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Opinion of the Court

Miller, J.,

delivered the opinion of the Court.

After a careful consideration of the question arising on this appeal, a majority of the Court are of opinion a cause cannot be removed for trial, after a judgment by default has been rendered therein, and for the reasons stated by the learned Judge of the Superior Court, in his opinion contained in the record, and accompanying the order *380appealed from. That order is therefore affirmed, and the cause remanded to the Superior Court, that it may he carried into effect.

(Decided 9th February, 1875.)

Order affirmed, and cause remanded.

Alvjsy, J., dissented.

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