McLaughlin v. Ogle

Miller, J., delivered the opinion of the Court. The motion to dismiss this appeal must prevail. It has been settled by repeated decisions that a judgment is subject to the control of the Court until the lapse of the term at which it was rendered, and that from an order striking it out, passed upon a motion made during that term, no appeal lies. Rutherford vs. Pope, 15 Md., 579 ; Hall vs. Holmes, 30 Md., 558 ; Townsend vs. Chew, 31 Md., 247 .

The record in this case shows that at the January Term, 1879, of the Court of Common Pleas, McLaughlin recovered a judgment against Ogle and Townsend for $180, and on the 22nd of January, during the same term, the defendants made a motion to strike it out. Reasons were assigned ⁶¹¹ in support of this motion verified by the affidavit of one of the defendants, and in June following counter affidavits were filed by. the plaintiff. The Court held the motion under advisement until the following September, and on the 10th of that month overruled it. As soon as this was done the plaintiff issued an attachment on the judgment and had it entered for the use of other parties.

After-wards, on the 18th of September, but during the same September Term, Ogle, one of the defendants, filed a petition, accompanied by further affidavits and exhibits, asking the Court to rescind its order of the 10th of September. As soon as this petition was presented the Court rescinded its overruling order, and granted a re-hearing of the motion, and on this