Kendrick Roberts v. Warren Bros.

Briscoe, J., delivered the opinion of the Court. The motion to dismiss this appeal cannot prevail because the appeal is from a final judgment entered in the ease on the 13th of March, 1908. By sec. 2, of Art. 5, of Code of Public General Laws (1904), it is distinctly provided that from any judgment or determination of any Court of law in any civil suit or action or in any prosecution for the recovery of any penalty, fine or damages, any party may appeal to the Court of Appeals. According to the docket entries set out in the record, on the 11th of March, 1908, a judgment in open Court, in favor of the plaintiff was entered on demurrer to rejoinde# to replication to fourth plea, and on demurrer to replication to fifth ⁷⁷ plea.

On the 13th of March, 1908, after the trial a judgment on verdict absolute was entered in favor of the plaintiff for $829.88/100. And on the 8th of April, 1908, an appeal was directed to be entered, by the attorney for the defendant. The appeal, was from the final judgment entered on the 13th of March, 1908, and this appeal brings up for review the rulings of the Court below on the demurrers. Lawson v. Snyder, 1 Md. 77 ; Tucker v. State, 11 Md. 329 .

In Lee v. Rutledge, 51 Md. 318 , this Court said: The action of the Court,' upon the demurrer, has been made the ground of the first bill of exceptions. This was an oversight, as it is hardly