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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 552   View pdf image (33K)
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562 INDEX.

Limiting Defences in Usury, 66,450.
Right of Appeal, 324. ^

ACTS OF ASSEMBLY— Continued.

1842, ch. 229. Regulating Chancery Practice in certain cases, 343.

1845, ch. 176, see. 4. Mechanics' Lien, 189.

1845, ch. 352.

1845, ch. 367.
ADMISSIONS.

See PLEADING.

PRACTICE IM CHANCERY, 31.
AGENT.

1. The authority of an agent to make an agreement for his principal need
not be in writing. Small vs. Owings, 363.

2. A vote or resolution of a Corporation, appointing an agent, need not be
entered on the minutes, but may be inferred from the permission or
acceptance of his services. Etyswille Manf. Ca. •vs. Oldsko Co., 392.

3. The president of one corporation subscribed for stock in another corpo-
ration. The certificate for the stock was received by the agent of
the former, and retained by it, and the stock on two occasions was
voted by an officer or member of the former corporation. HEI.D—
That from these facts the authority to the president to make the

subscription might be presumed. Ib.
AMENDMENT.

See PRACTICE in CHANCERY, 5.
ANSWER.

See EXCEPTIONS TO ANSWER, 1 to 3.

EVIDENCE, 1, 2.
ANSWER FOUNDED ON HEARSAY.

See INJUNCTION, 8, 9. ^

PRACTICE IN CHANCERY, 11.
APPEAL.

1. An appeal and a bond to prosecute the appeal will not, under the act of
1845, ch. 367, independently of the direction of the court, delay the
execution of the order appealed from. Willwms vs. Savage Manufac-
»-.. twing Co., 307.

2. Whether such direction shall or shall not be given, is referred by the
legislature to the sound discretion of the court upon a view of all the
• circumstances of the case. Ib.

3. An appeal will lie from every decision which settles a question of right
between the parties, no matter whether the decision was adverse or
by consent or default. Chesapeake Bank vs. McLellan, 329.

4. The right to appeal for the mere purpose of delay seems to be recog-
nized by the act of 1832, ch. 230, which directs the appellate court to
award damages in such cases, over and above the interest allowed by
law on the judgment. Ib.

5. Whether an appeal will lie or not in any given case, is for the appellate
court, and not for this court, to decide; it being a question relating to
the jurisdiction of the superior tribunal, and, therefore, for it alone to
determine. Ib.

See PRACTICE i.v CHANCERT, 42.



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 552   View pdf image (33K)
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