Corbin v. Jones

Collins, J., delivered the opinion of the Court. This is an appeal, by appellant, plaintiff below, from an order, granted on September 18, 1951, by the trial ⁵²⁸ judge, striking out an order given by the plaintiff on August 1, 1951, settling and satisfying the short note case in an attachment proceeding. The motion to strike out the order settling and satisfying the case, was made and filed by defendant, appellee, on August 29, 1951 and stated that the claim was paid “inadvertently”. The appellee has filed herein a motion to dismiss the appeal under Rule 47 of this Court.

In the case of Legum v. Farmers National Bank of Annapolis, 180 Md. 356 , 24 A. 2d 281 , where a judgment debtor appealed from an order of court striking out an order of satisfaction of a judgment against him, this Court said: “In a recent case (Silverberg v. Dearholt, 180 Md. 38 , 22 A. 2d 588 ) this court quoted with approval the statement of this rule in Poe’s Practice, Vol. II (Tiffany Edition, Par. 389), to the effect that where the motion to strike is made within the term and is granted, no appeal lies at the instance of the plaintiff because such order is not a final disposition of the case, but leaves it on the docket to be legally heard in due course, and therefore no substantial injury is done to the plaintiff.” Likewise, in the instant case, the order striking out the order to settle and satisfy the case is not a final disposition of the short note case and the attachment, but leaves it on the docket to be legally heard in due course. Assuming, without deciding,