Riggs Nat. Bank v. Welsh

Decision Date08 July 1969
Docket NumberNo. 273,273
Citation254 Md. 207,255 A.2d 289
PartiesThe RIGGS NATIONAL BANK et al. v. T. Hammond WELSH, Jr., et al.
CourtMaryland Court of Appeals

Before HAMMOND, C. J., and MARBURY, BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.

Page 217

PER CURIAM:

Larsson and Lopez have moved for reconsideration or reargument. They call our attention to certain figures said to appear in the transcript which they say show that if credit were given for all funds diverted by Larsson and Lopez the Larsson and Lopez liens would still remain unpaid.

Maryland Rule 828 provides in pertinent part:

'a. Appellant to Print.

The appellant shall cause to be printed * * * extracts from the record which shall include the parts thereof provided for by section b of this Rule arranged in the order in which the same appear in the record.

'b. Contents.

1. What to Be Included.

Page 218

The printed extract shall contain such parts of the record as may reasonably be necessary for the determination of the questions presented by the appeal, and shall include:

(b) So much of the evidence, pleadings or other parts of the record as is material to any question the determination of which depends upon the sufficiency of the evidence, pleadings or other matter contained in the record to sustain any action, ruling, order or judgment of the lower court.'

The record extract filed by Larsson and Lopez contains six printed pages of testimony. Riggs in its appendix pursuant to Rule 828 e printed 13 additional pages of testimony and five pages of the record relative to argument and the court's decision. The matter to which Larsson and Lopez make reference in their motion for reargument does not appear in either the record extract or appendix. In other words, from the record extract and the appendix it is impossible to determine the precise amount of the diversion.

In Platt v. Wilson, 191 Md. 371, 62 A.2d 191 (1948) Judge (later Chief Judge) Henderson said for this Court:

'We have indicated in several recent cases that this court will not undertake to pass upon testimony contained in the transcript, but not printed in an appendix to the brief, as contemplated by rule 39 of this court, so as to be available to each member of the court.' (citing cases) Id. at 373, 62 A.2d at 191.

More recently in State Roads Comm. v. Sharper, 231 Md. 411, 190 A.2d 647 (1963) Judge Marbury said for this Court:

'Maryland Rule 828 b 1 specifies that the printed extract shall contain such parts of the record reasonably necessary for the determination

Page 219

of questions presented on appeal. It is noted that this section is a mandatory requirement.' (emphasis in original) Id. at 413, 190 A.2d at 649.

Assuming that the record reflects that which Larsson and Lopez say it reflects, our decision would not be different. See Lamar, Trustee v. Nylen, 240 Md. 740, 215 A.2d 806 (1966) appearing in the original opinion. Relative to 'quasi' or 'inchoate' liens see Universal C. I. T. Credit Corporation v. Congressional Motors, 246 Md. 380, 228 A.2d 463 (1967) and United States v. Pioneer American Insurance Company, 374 U.S. 84, 83 S.Ct. 1651, 10 L.Ed.2d 770 (1963). As to the Larsson and Lopez contention that Conley was in default for nonpayment of interest from December, 1966, to May, 1967, see Rupp, Trustee v. Johnson Co., 226 Md. 181, 172 A.2d 875 (1961). That case involved a contest between the holder of...

To continue reading

Request your trial
6 cases
  • Cohen v. American Home Assur. Co.
    • United States
    • Maryland Court of Appeals
    • November 3, 1969
    ...sum of the agreed fees was properly charged to it under the circumstances.' In Riggs Nat. Bank v. Welsh, 254 Md. 207, 254 A.2d 172 and 255 A.2d 289 (1969), we quoted the comment of Judge Marbury for this Court in State Roads Comm. v. Sharper, 231 Md. 411, 190 A.2d 647 (1963), wherein it is ......
  • State Highway Administration v. Transamerica Ins. Co.
    • United States
    • Maryland Court of Appeals
    • December 8, 1976
    ...reasonably necessary for the determination of the question presented by the appeal . . .,' are mandatory. Riggs Nat'l Bank v. Welsh, 254 Md. 207, 218-219, 255 A.2d 289, 290 (1969); State Roads Comm. v. Sharper, 231 Md. 411, 413, 190 A.2d 647, 649 (1963). The point is not properly before us,......
  • LaForce v. Bucklin, 243
    • United States
    • Maryland Court of Appeals
    • February 5, 1971
    ...Cohen v. Am. Home Assurance Co., 255 Md. 334, 349-350, 258 A.2d 225 (1969); Riggs Nat'l Bank v. Welsh, 254 Md. 207, 218, 254 A.2d 172, 255 A.2d 289 (1969). We have been patient when record extracts might have been a little on the 'light side' and we have not expressed ourselves when they mi......
  • Walsh v. Lewis Swimming Pool Const. Co.
    • United States
    • Maryland Court of Appeals
    • February 5, 1970
    ...of the questions presented on appeal is a mandatory requirement. Riggs Nat'l Bank v. Walsh, 254 Md. 207, 218-19, 254 A.2d 172 and 255 A.2d 289 (1969); State Roads Comm. v. Sharper, 231 Md. 411, 413, 190 A.2d 647 (1963); and Platt v. Wilson, 191 Md. 371, 373, 62 A.2d 191 Lewis had available ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT