P. New & Sons v. Taylor

Briscoe, J., delivered the opinion of the Court. The appellants brought suit in the Circuit Court for Queen Anne’s County against the appellees, and the judgment being for defendant’s costs of suit, the plaintiff has appealed. It appears from the record, that on the 7th of May, 1895, what purports to be an agreed statement of facts was filed in the case, and on the 10th of May of the same year, the issues being made up, it was agreed to submit the case for trial to the Court, and after the hearing of evidence, the Court directed a judgment to be entered for the defendant’s costs of suit. The docket entries are as follows: “Sums, in case, Nar. and note, rule plea, pleas, rule repln.

Agreed statement of facts. Motion for severance, and motion allowed. Trial before the Court, May 10th, 1895. Verdict for defendants.

Judgment rendered on verdict for $8.8 5-100, defendants’ costs of suit;” and on 9th of July, 1895, order for an. appeal. There is no bill of exceptions, however, in the case, bringing the Court’s rulings before us for review. The appeal is simply from the finding of the Court, and it is well settled that where the Court hears the case as a jury, their conclusion, like that of a jury, is subject to no appeal. Sheppard & Jones v. Willis, 28 Md. 631 .

While it is true that a prayer offered oh the part of