LOMAX v. J.R. WATKINS COMPANY, 176 Md. 691 (1939)

3 A.2d 718

ALBERT J. LOMAX v. J.R. WATKINS COMPANY

[No. 2, January Term, 1939.]Court of Appeals of Maryland.
Decided January 18th, 1939.

Appeal — No Judgment Entered — Delay in Filing Transcript.

The refusal to permit defendant to withdraw pleas filed by him, and to file a denial of the execution of the instrument sued on, was not the subject of appeal, when no judgment had been entered.

Where the appeal was entered May 2nd, but the transcript of the record was not transmitted until October 3rd, and the only explanation offered was that a bill of exceptions presented in due time was overlooked and not signed until September 9th, but there was no place for the bill of exceptions, since the case had not proceeded beyond the written pleadings, and there was a delay of twenty-four days even after September 9th, a motion to dismiss the appeal was necessarily granted.

Decided January 18th, 1939.

Appeal from the Circuit Court for St. Mary’s County (LOKER, J.).

Action by the J.R. Watkins Company against Albert J. Lomax. From a refusal to permit defendant to withdraw pleas and to file a denial of the execution of the instrument sued on, defendant appeals. Appeal dismissed.

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

Philip H. Dorsey, Jr., with whom was C. Henry Camalier on the brief, for the appellant.

Page 692

John H.T. Briscoe, with whom was Wm. Aleck Loker on the brief, for the appellee.

The opinion was delivered per Curiam.

Unreported cases.