ART. 5] APPEALS FROM COURTS OP LAW. 133

1901. art. 5. set, 6. 1888. art. 5, sec. 6. Rules 2 and 27.

6. All appeals, or writs of error, allowed from any judgment or
determination of a court of law, to the court of appeals of this State,
other than from decisions on questions arising under the insolvent law.
shall be taken within two mouths from the date of such judgment or
determination, and not afterwards; and the transcript of the record
shall be transmitted to the court of appeals within three months from
the time of the appeal taken, or writ of error allowed.

The Appeal.

Where a final judgment is improperly entered before a motion for new
trial filed in due time has been disposed of. the appeal will not be dis-
missed because not entered within two months from such judgment. Heis-
kell v. Eollins, SI Md. 397.

Although the order for au appeal was not actually entered until after
the time provided by this section, since it was satisfactorily shown by
depositions that the order was filed in due time and that the same was
lost or mislaid without having been entered on the docket, the appeal will
not be dismissed. Cahill v. Baltimore, 93 Md. 233.

The appeal must actually be entered of record within the two mouths,
Gaines v. Lumkin, 82 Md. 129. And see Meyer v. Steuart, 48 Md. 426.

The filing of a bill of exceptions is not equivalent to the entry of an
tippeal. Farmers' Bank v. Mackall, 11 G. & J. 457.

The death of the appellee does not suspend the running of the time
within which the appeal must be taken. Hopper v. Jones, 64 Md. 578.

An appeal taken too late will be dismissed. Eiley v. New York, etc., Co.,
90 Md. 59; Gemmell v. Davis, 71 Md. 463; Peabody Heights, etc., Co. v.
Sadtler. 62 Md. 145; Walsh v. State, 53 Md. 544; Meyer v. Steuart, 48
Md. 426; Jacobs v. Realmear. 41 Md. 484. And see Hopper v. Jones, 64
Md. 578.

The record.

Where by agreement of parties the signing of a bill of exceptions is
postponed so that the record cannot be transmitted in time, the appeal
will not be dismissed, the delay being caused by the appellee as well as the
appellant. Hopper r. Beck, 83 Md. 647.

The burden of proof is on the appellant to show that the delay in trans-
mitting the record was not his fault; failure of proof Maryland, etc., R. R.
Co. v. Hammond, 110 Md. 124.

If the record is not transmitted within the three months, the appeal will
be dismissed. Steiner v. Harding. 88 Md. 343.

Generally.

This section applies to an appeal from a judgment of a law court on
issues sent from the orphans' court. Hoppe v. Byers, 60 Md. 395.

This section applies to an appeal from a judgment of condemnation
in an attachment. Mears v. Adreon 31 Md. 235.

Cited but not construed in State v. Bowers, 65 Md. 364.

Cf. sections 32. 33 and 62 and notes; see sections 40 and 41.

Ibid. sec. 7. 1888, art. 5, sec. 7. 1860. art. 5. sec. 6. 1849, ch. 88, sec. 1. 1854.
ch. 193, sec. 20 1865. ch. 91. Rule 3.

7. All appeals allowed from decisions of questions arising under
the insolvent law shall be taken within thirty days from the time of
the decision made, and a transcript of the record shall be transmitted
to the clerk of the court of appeals within sixty days from the date of
the decision appealed from; but the execution or effect of any judg-
ment, decree, decision or order so appealed from shall not be suspended