Taylor v. Welslager

Briscoe, J., delivered the opinion of the Court. There are two appeals in this record. They are both taken from similar orders, passed on the same day and by the same defendant. It was agreed by the parties that only the testimony taken in one case -should be included in the record, and be considered in both cases.

In one of these ⁴¹⁵ appeals, the case of Wm. S. Taylor, Trustee, v. Marion R. Welslager, No. 45, Office Docket, decided at this term, ante p. 409, the order of the Court below, striking out the judgment, was reversed and the cause remanded. The questions brought up and presented in this appeal are somewhat similar, and were passed on by us in that case. It will not, therefore, be necessary for us to repeat here what we there said.

The order of the Court below in this case will have to be affirmed for reasons not applicable to that case. It is admitted and not denied, that the appellee was never actually summoned in the case now under consideration. Mr. Charles Kohlman, the deputy sheriff, to whom the summons was delivered, states in his testimony, that he did not serve the writ of summons, but that the service was admitted by Mr. Weeks, an attorney at law of the Baltimore bar, and the return on the back of the writ, except the sheriff’s name, is in his handwriting. It appears from the testimony of Mr. Weeks, who admitted service on the writ, that he was not employed by Mrs. Welslager, but that he entered his appearance, at the request of the husband, in both cases, thinking that he was authorized to represent his wife and to employ