BRYANT v. FARMERS MERCHANTS STATE BANK OF DENTON, 154 Md. 697 (1928)

140 A. 840

MARC BRYANT ET AL. v. FARMERS MERCHANTS STATE BANK OF DENTON.

[No. 10, January Term, 1928.]Court of Appeals of Maryland.
Decided February 15th, 1928.

Remand by Appellate Court.

On appeal from a judgment on a demurrer to an amended petition held that the judgment should be affirmed, in the absence of anything in the record to affect its presumptive correctness, but that, such petition being lost and so incapable of inclusion in the record, the case should be remanded that appellants might be given leave to file a new amended petition.

Decided February 15th, 1928.

Appeal from the Circuit Court for Caroline County (KEATING, J.).

Petition by Marc Bryant and Linnie B. Percy to strike out a judgment against petitioners in favor of the Farmers Merchants State Bank of Denton, Maryland. From a judgment in favor of the bank on its demurrer to the petition, petitioners appeal. Affirmed.

The cause was submitted on briefs to BOND, C.J., PATTISON, URNER, ADKINS, OFFUTT, DIGGES, PARKE, and SLOAN, JJ.

Fred R. Owens and Howard Bryant, for the appellants.

W. Brewster Deen and William J. Rickards, for the appellee.

A per curiam opinion was delivered.

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