Ruppertsberger v. James Clark & Co.

Bartol, C. J., delivered the opinion of the Court. The appellees recovered á judgment against the appellant in the Circuit Court for Baltimore County, at the December term 1877, for $795.61, and costs. The bill of complaint in this case, was filed by the .appellant on the 6th day of May 1878, for the purpose of obtaining a writ of injunction to stay execution upon the judgment, and for general relief. An injunction was issued as prayed, and on the hearing of the case upon bill, answer and proofs, a decree was passed dissolving the injunction, and dismissing the bill with costs.

From that decree the present appeal was taken. ⁴⁰⁴ The hill alleges, that at the trial of the case at law, in which the judgment was rendered, an exception was taken to some of the evidence offered on the part of the plaintiffs Clark & Co., by the defendant, and the defendant offered three prayers, two of which were granted, and one overruled; that all of the prayers have been lost, and although your complainant took an appeal from the ruling and decision of the Court; from the fact of the loss of the prayers, &c., aforesaid, it was impossible for him to have a bill of exceptions prepared within the time required by law. That the complainant’s attorneys agreed with the attorney for the appellees to extend the time for having the bill of exceptions signed, until March 15th 1878, and after the term at which the case was tried had passed. The bill then alleges, that several diligent but unsuccessful searches were made for the prayers, and relates the efforts which were made by the complainant’s attorneys to prepare a bill of exceptions, to which the respondents’ attorney would agree; and states that the respondents’ attorney at length prepared a bill of exceptions, which though not entirely satisfactory to them, was nevertheless agreed to by them, and was by them sent to the respondents’ attorney in time for him to mark his assent thereon, and to be sent by him to Judge Watters at Bel-Air, to be signed by him by the 15th of March 1878, and charges, that the failure to send the same to Bel-Air, was the fault of the respondents’ attorney. It is alleged, that the bill of exceptions reached Judge Watters on the 16th day of March 1878; but that the respondents’ attorney notified the Judge by letter that he did not consent to its being signed after the 15th.

And it is charged in the bill, that the complainant’s attorneys have been surprised by the action of the respondents’ attorney in this respect, that in an interview with him they certainly understood, from conversations with him, that no advantage would be taken of a failure to have the bill of exceptions signed by ⁴⁰⁵ the Court by March 15th 1878; his conversation being directed to the fact, that he wanted the case tried at the succeeding April term of the Court of Appeals. The answer denies many of the allegations of the hill and sets out, a very different state of facts from those contained in the hill. The following facts are shown by the testimony and exhibits filed with the commission: 1st. That by the written agreement between the attorneys, the time for signing the hill of exceptions was extended till March 14th 1878, inclusive — that is before the 15th. 2nd.