Where a
judgment is
reversed,
the court of
appeals
may direct
a return of
the record
to the
county
court, with
a writ of
procedendo
&c.
t Chap. 42.
|
SEC. 1. Be it enacted, be the General Assembly of Maryland,
That in all cases of appeals or writs of error, heretofore prose-
cuted or brought before the late court of appeals, or the late
general court for the western and eastern shores respectively,
and which were transferred to the court of appeals for the re-
spective shores, in virtue of the act to which this is an addi-
tional supplement, and in all cases of appeals or writs of error
which have been or may be prosecuted or brought before the
court of appeals for the respective shores, where the judgment ex-
cepted to shall be reversed, in the manner provided by the act of
November session, one thousand seven hundred and ninety, t
entitled, an act directing new trials in certain cases where judg-
ments shall be reversed on appeal or writ of error, that the
court of appeals for the respective shores shall, in the case of a
writ of error to, or appeal from the county court to the late gen-
eral court, and so as aforesaid transferred, and in the case of a
writ of error to, or appeal from, the county court to the court of
appeals for the respective shores, direct their clerk to return the
transcript of the record to the cleric of the county court which-
gave the judgment, with a writ of procedendo to such county
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 in the case of a writ of error to, or appeal from, the late
general court to the late court of appeals, and so as aforesaid
transferred, then the court of appeals for the respective shores
shall direct their clerk to return the transcript of the record to
the clerk of the county court of the county where the defendant
named in the original action may reside, or was arrested upon
the original writ, and if there shall be more than one defendant
in any such action, then at the discretion of the court, to the
clerk of the county court of the county where either of the
defendants may reside or were arrested, with a writ of pro-
cedendo to such county court, directing them to proceed in
such action as is herein before mentioned ; and there shall be
the same proceedings had upon the transcript and writ of
procedendo as is provided by the said last herein before men-
tioned act.
|