JOHNSON v. DETZEL, 168 Md. 691 (1935)

179 A. 162

JAMES W. JOHNSON v. WILLARD DETZEL

[No. 28, April Term, 1935]Court of Appeals of Maryland.
Decided May 22d 1935.

Appeal — Striking Out Decree — Lack of Service

Where an appeal was filed more than two months, the period allowed for an appeal, after the date of a final decree, but less than two months after the dismissal of a petition to strike out the decree, it could only be considered as an appeal from the latter.

A petition by a defendant to strike out a decree against him, for lack of proper service on him of the subpoena, was properly dismissed where to grant such relief would require a disregard of the sheriff’s return, of the actual fact of service, of defendant’s knowledge of its purpose, and of his appearance and answer by attorney.

Decided May 22d 1935.

Appeal from the Circuit Court for Anne Arundel County (FORSYTHE, J.).

Bill by Willard Detzel, an infant, by his father and next friend, Tobia Detzel, against James T. Johnson and James W. Johnson, to set aside a judgment confessed by the first named defendant in favor of the second named defendant as being in fraud of plaintiff’s rights. From an order refusing to vacate a decree in favor of plaintiff, defendant James W. Johnson appeals. Affirmed.

The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.

John E. Oxley, with whom was Ridgley P. Melvin on the brief, for the appellant.

John S. Strahorn, J. Harry Schad, and J. Britain Winter,
submitting on brief, for the appellees.

BOND, C.J., delivered the opinion of the Court.

Unreported cases.

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