|
Be it enacted, by the General Assembly of Maryland , That in
all cases of appeals or writs of error hereafter to be prosecuted
or brought before the court of appeals, by the plaintiff, upon a
bill or bills of exceptions, where the judgment excepted to shall
be reversed, the court of appeals shall direct their clerk to return
the transcript of the record to the clerk of the general court, with
a writ of procedendo to the judges of the general court, directing
them to proceed in such action, and to a new trial thereof, in the
same manner as if no trial had taken place, or any appeal had
been prosecuted or writ of error brought ; and the opinion of the
court of appeals shall be conclusive in law as to the question by
them decided ; and the general court, on receiving such writ of
procedendo, shall proceed in such action, and to a new trial
thereof, in the same manner as if no trial had taken place, or
any appeal had been prosecuted or writ of error brought,
and shall direct such cause to be tried at the court to which
the said writ of procedendo shall be returned, if the plaintiff
or defendant shall give notice of trial at such court, above
thirty days before the sitting thereof, to the adverse party
or his attorney at law or in fact, and the trial can be had at
such court with justice to the parties, and if not, such action
may be continued in like manner as other actions, according to
the discretion of the court; and the appellee on such reversal
may be compelled to pay the costs in the court of appeals by
execution issued therefrom returnable thereto or to the general
court, and all former and future costs, in the general court, of
such action, shall abide the final event thereof; and if the appeal
or error shall be made for several exceptions, the court of ap-
peals shall give judgment on every exception.
By 1806, ch. 90, where the judgment is reversed in the courts of appeals,
the court may direct a return of the record to the county court, with a
writ of procedendo, where the proceeding shall be, as provided by this act.
By 1819, ch. 149, where the court are satisfied that a fair and impartial
trial cannot be had in the county, from whence the record came up, the
court may award a procedendo to another county.
|
In certain
cases court
may direct
a new trial,
&c.
|
|
SEC. 2. And be it enacted. That in all cases of appeals or
writs of error hereafter to be prosecuted or brought before the
general court by the plaintiff upon a bill or bills of exception,
where the judgment excepted to shall be reversed, that the
general court may, in their discretion, retain such action, and
proceed to the trial thereof, in the same manner as if originally
and legally commenced in the general court, and may direct the
trial thereof, if the same can be had with justice to the parties,
at the court of reversal, or they may continue the same in like
|
In cases of
appeal,
court may
proceed to
trial, &c.
|
