CASES DECIDED

IN THE

HIGH COURT OF CHANCERY

O F

MARYLAND.

*RINGGOLD'S CASE. 5
APPEAL BONDS.—RIGHT OF APPEAL IN EQUITY.

The sureties on an appeal bond adjudged, on a petition against their accept-
ance, to be sufficient and the bond approved, (a)

In what cases and to what amount an appeal bond may be required, and
how such bonds are examined, and rejected or approved.

The right of appeal at law and in equity and the control of the inferior
Court over such right discussed, (b)

No appeal lies from a decree made by consent of the appellant, (e)

(a) Rev. Code, Art. 71. sees. 61. 62, provides that no execution upon any
decree shall be stayed unless the person against whom, such decree shall he
passed. &c., shall, immediately upon praying an appeal, enter into bond
with sufficient securities in at least double the sum recovered, &c. The
clerk or Judge of the Court shall approve the bond, but no bond shall be ap-
proved nor execution stayed unless there be an affidavit that the appeal is
not taken for delay. Sees. 64 and 65 of the above article provide for the
determination of the sufficiency of the boad. See Rule 43 of the Supreme
Bench of Baltimore City. In Barnum v. Raborg. 2 Md. Ch. 516, it was
held that the only question, in cases where an appeal bond is objected to, is
to ascertain whether the party who is successful in the inferior Court has,
in the sureties in the bond, a secure indemnity for the injury he may sus-
tain by the appeal, and whether this appears by looking to the value of each
surety or by an aggregation of the worth of all is not material. The power
of Courts of Chancery in Maryland to take appeal bonds, without any
statutory enactment, has never been doubted. Fullerton v. Miller, 22 Md. 1.

(b) From what orders, &c.. in equity an appeal will lie, see Snowden v.
Dorsey, 6 H. & J. 114, note; Thompson v. McKim. Ibid, 302; Hagthorp v.
Hook. 1 G. & J. 270.

(c) So held in Williams v. Williams, 1 Gil!, 303; Gable v. Williams, 59 Md.
46. But see Bank v. McClellan, 1 Md. Ch. 329, contra, citing case in text.

1 B.