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CHAPPELL CHEM. & FERT. CO. V. SULPHUR MINES CO. , 172 U. S. 472 (1899)

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Chappell Chem. & Fert. Co. v. Sulphur Mines Co. , 172 U.S. 472 (1899)

Chappell Chemical and Fertilizer Company

v. Sulphur Mines Company (No. 2)

No. 92

Argued December 16, 1898

Decided January 9, 1899

172 U.S. 472


The Court of Appeals of Maryland, in dismissing this case, said:

"The defendant, long after the time fixed by the rule of court, demanded a jury trial, and, without waiting for the action of the court upon his motion, and indeed before there was any trial of the case upon its merits and before any judgment, final or otherwise, was rendered, this appeal was taken from what the order of appeal calls the order of court of the 6th of February, 1896, denying the defendant the right of a jury trial; but no such order appears to have been passed. On the day mentioned in the order of appeal, there was an order passed by the court below fixing the case for trial, but there was no action taken in pursuance of such order until subsequent to this appeal. There is another appeal pending here from the orders which were ultimately passed."

Held that no federal question was disposed of by this decision.

This cause was argued with No. 91, the preceding case. The case is stated in the opinion.

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