Brown v. Ravenscraft

Citations

• 88 Md. 216
• 44 A. 170
• 1898 Md. LEXIS 249

Syllabus

<p>Delay in Transmission of Record — Nonjoinder of Plaintiff in Action of Replevin — Plea in Abatement.</p> <p>When the clerk of the Court fails to transmit the record on an appeal within the time prescribed because he assumes that a certain amendment should be made, but is not directed by the appellant to retain the record, the delay is not to be attributed to the appellant and the appeal will not be dismissed.</p> <p>In an action of replevin, all the owners in common of the property should join as plaintiffs, but the non-joinder of one cannot be taken advantage of except by. plea in abatement. Pleading over to the merits is a waiver of it.</p>