Keifer's Heirs v. Reichert

Jones, J., delivered the opinion of the Court. A motion is submitted to dismiss the appeal in this case and it must prevail. It appears from the record that upon exceptions filed to the ratification of a sale made under a mortgage ⁹⁸ and reported to the Circuit Court for Allegany County that Court, by its order of the 23rd of July, 1900, sustained the exceptions and set aside the sale so reported. On the 6th o August following a petition for a rehearing upon these exceptions was sent to a Judge of the Circuit at Hagerstown ifor an order thereon without first having been actually filed in •.the Clerk’s office of Allegany County.

The Judge passed an ■order thereon that a rehearing be granted; and ordered the irehearing to take place on the 15 th of August, 1900 ; and mailed the petition with the order thereon to the counsel at Cumberland by whom it had been sent to him ; and sent with It a request that it be shown to the counsel who had represented the exceptants to the sale. The petition, with the order, was, upon its receipt by the counsel to whom it was mailed, according to the request accompanying it, sent to the ■office of the counsel for the exceptants. There it appears to have remained without being filed in Court until the expiration •of sixty days from the date of the order when it was mailed Iby the last-named counsel to the Judge at Hagerstown, to whom the petition in question had been originally sent, and -who had made the order thereon. A petition was then filed iby the counsel who was asking the rehearing to have the pettition for the same and the order thereon granting it filed in ithe Clerk’s office of Allegany County mine pro tunc, and as of the time when the said order for rehearing was passed.

This petition was set for a hearing and thereafter the Judge passed ithe following order: “It is therefore ordered that the petition .and order of Court for a rehearing passed on the 6th day of August, 1900, be filed by the Clerk as of the 7th day of August the date of its reception by Mr. Reynolds.” This was '©llowed by a p rayer of