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State Roads v. Md. Materials

Court of Appeals of Maryland
Jan 6, 1965
205 A.2d 796 (Md. 1965)

Opinion

[No. 126, September Term, 1964.]

Decided January 6, 1965.

APPEAL — Failure To Transmit Record In Time — Evidence Permitted Finding That This Was Not Occasioned By Neglect, Omission Or Inability Of Clerk Of Lower Court, Court Stenographer Or Appellee. p. 622

Decided January 6, 1965.

Appeal from the Circuit Court for Cecil County (ROLLINS, J.).

Condemnation proceeding instituted by the State Roads Commission of Maryland against Maryland Materials, Inc. The jury returned an inquisition, and the Commission's motion for a new trial was overruled. From an order dismissing the appeal taken by the Commission, it appeals.

Affirmed, with costs.

The cause was argued before HAMMOND, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.

Carl H. Lehmann, Jr., and J. Thomas Nissel, Special Attorneys, with whom were Thomas B. Finan, Attorney General, Joseph D. Buscher, Special Assistant Attorney General, and Walter W. Claggett, Special Attorney, on the brief, for the appellant.

Leonard H. Lockhart, with whom was Harry J. Goodrick on the brief, for the appellee.


The trial judge after a full hearing found that the failure of the appellant to transmit the record on appeal to the Court of Appeals in time was not, in the words of Md. Rule 825 d, "* * * occasioned by the neglect, omission or inability of the clerk of the lower court, the court stenographer or appellee * * *," and dismissed the appeal under Md. Rule 813. The facts found in the record clearly permitted the finding the trial judge made.

Order affirmed, with costs.


Summaries of

State Roads v. Md. Materials

Court of Appeals of Maryland
Jan 6, 1965
205 A.2d 796 (Md. 1965)
Case details for

State Roads v. Md. Materials

Case Details

Full title:STATE ROADS COMMISSION OF MARYLAND v . MARYLAND MATERIALS, INC

Court:Court of Appeals of Maryland

Date published: Jan 6, 1965

Citations

205 A.2d 796 (Md. 1965)
205 A.2d 796

Citing Cases

Sullivan v. Insurance Comm'r

It is an appealable order. See State Roads Commission v. Maryland Materials, Inc., 237 Md. 621, 205 A.2d 796…