The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1907-04-05
MaryIand Court Of Appeals Decisions.

The following important cases were decided
by the Maryland Court of Appeals on Tuesday:
Frank j. Murphy against George Dobbin
Pennlman and others, receivers, two appeals
in one record from the Circuit Court OF Bal.
timore City; order overruling demurrers and
pleas affirmed excepting in so far as 1t over
ruled the demurrer to the nineteenth paragraph
of the bill, and ordered reversed as to that
and cause remanded for further proceedings;
one fourth of the costs in this court to be pad
by Frank j. Murphy, one-fourth by William
B. Thomas and 3he remainder by the receivers
out of the estate; the costs below TO abide the
result of the suit. Opinion by Judge Boyd.
William B. Thomas against George ID. PENN
man and others, receivers; appealed from the
Baltimore City Court; order overriding de
murrers affirmed excepting in so far as it
overruled the demurrer to Paragraph 10, and
reversed as 10 that and cause remanded for
further proceedings; each side to pay one half
the costs in this court; the costs below to
abide the result of the case.
The above cases involved the question of
liability of Mr. VIM. B. Thomas, of this city,
as director of the Banking and Trust Com
pany of Baltimore, which went into the hands
of receivers.
The decisions are regarded as highly ad-
vantageous to Mr.. Thomas, relieving him of
large liability. Messrs. Bond Il Parke were
attorneys for Mr.. Thomas.
In the case of John w. Esterline VS.. State
of Maryland. the Court of Appeals on We'd
nesday sustained the Circuit Court for Carroll
County and affirmed its judgment. Esterllne
had been convicted of shooting with int mt TO
disable his brother.in law, Diehl. in Hamp-
stead last summer, and sentenced to 10 months
III the Pententiary. During closing argument
several exceptions were taken 10 the Courts
ruling in permitting certain line OF argument
by the States Attorney. The opinion of the
Court of Appeals upholds the lower Court.
Esterliue was represented by Charles +. Fink
and E. O. Weant, and the State by Attorney
General Bryan and States Attorney u. w.
Steele.
In the case of Shugars VS.. Shugars, the wife
of James L. Shugars, who died many years
ago, seized and possessed of a house and lot
and some other land at Hampstead. Of
course these descended to her children, SUBJ
ject to her husbands life interest. Subse
quently the children conveyed all their interest
IN the property to their father. Some years
ago, and before this deed was placed upon
record, one of the children obtained posses
sion of the deed and destroyed it. The father
then filed bill in equity to compel the chill
dren to execute new deed to him. The
lower court passed a decree appointing
trustee to convey the property to the father,
and this decree the Court of Appeals affirmed.
Mr.. Charles E. Fink represented Mr.. James
L. Shugars, the plaintiff; E. j. Colgan, John
J. Watson and Thos. G. Hayes the defendants.
Bertha /. Reese against T. L. Starner and
others Obligation over the distribution of the
personal estate of Robert e. Reese, of Bati-
more city appealed from the Orphans Court
of Baltimore City to Court of Appeals; order
affirmed, with costs. Opinion by Judge Bris-
coe. Mr.. B. F. Grouse was attorney for Mrs.
Tabitha Starner, who was successful.