HAMBURGER v. STANDARD LIME ETC. CO.

[Nos. 7-8, October Term, 1951.]

198 Md. 336 (1951)

84 A.2d 74

HAMBURGER, TRUSTEE, v. STANDARD LIME AND STONE COMPANY HAMBURGER, TRUSTEE, v. AMERICAN BITUMULS COMPANY (Two Appeals in Separate Records)

Court of Appeals of Maryland.

Decided October 31, 1951.


Attorney(s) appearing for the Case

Robert E. Clapp, Jr., with whom was Louis J. Sagner on the brief, for the appellant.

Parsons Newman and Edmund P. Dandridge, Jr., with whom were Venable, Baetjer & Howard on the brief, for the Standard Lime and Stone Company.

Submitted on the record by Alton Y. Bennett for the American Bitumuls Company.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.


COLLINS, J., delivered the opinion of the Court.

Here are two appeals from refusals of the trial judge to strike out two judgments.

On March 27, 1948, each of the appellees filed a declaration, for materials furnished, against Ellsworth C. Valentine under the common counts, accompanied by a motion for summary judgment, together with notice of motion and an affidavit with vouchers attached. The defendant was summoned in each case and having failed to appear...

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