Carroll v. Hutton

Jones, J., delivered the opinion of the Court. The appellant in this case has filed a motion to strike the case from the docket of the present January term of the Court and to transfer it to the docket of the April term next ensuing, and alleges as the grounds of the motion: First. That the transcript of record was transmitted to this Court after the commencement of the January term, and therefore cannot be docketed as of this term. Second.

That the transcript of record was transmitted by the appellee’s order and procurement without notice to or consent of the appellant. ⁶³⁷ Third. That the appellant was in nc default in the premises and the transcript of record was improperly transmitted. It will be unnecessary for us to pass upon the ground of the motion first set out because we find in the other grounds sufficient reason for striking the case from the docket of the present term. It appears from the allegations of the motion and the accompanying affidavits and the answer of the appellees thereto that the appeal in the case was entered in the Circuit Court for Baltimore County on the 19th day of December, 1899, and the transcript of record was filed in this Court on the 8th day of January, 1900, being the day on which the present January term of the Court began, about half-past five o’clock, P. M., whereupon the case was entered by the clerk upon the docket of the present term.

It further appears that the appellant was in no default in regard to the transmission of the transcript of record. The time had not expired within which the transcript, upon his appeal, should be transmitted to comply with the law and rule of Court regulating the transmission of records in cases on appeal to this Court, and which is fixed by the law as a reasonable time to be allowed to parties, prosecuting appeals, for the proper preparation of cases to be presented in the appellate Court. The appellant was responsible for having the transcript duly prepared and transmitted to this Court within the prescribed time; and the consequences of his failure to have