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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 159   View pdf image (33K)
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ART. 5] PRINTING RECORDS AND BRIEFS. 159

papers, including the judgment or order, to the court of appeals, and
said court shall immediately hear and determine the case.

There should be an immediate hearing where the right to a public office
is involved. Creager v. Hooper, 83 Md. 500.

As to the right of appeal in mandamus cases, see sec. 3.

1904, art. 5. sec. 45. 1888, art. 5, sec. 43. 1860, art. 5, sec. 11. 1831. ch. 6S, sec. 4

45. All cases where the State is interested shall stand for special
hearing at the first term after the transmission of the record.

Ibid. sec. 46. 1888, art. 5, sec. 44. 1800, art 29, sec. 30. 1853, ch. 68, sec. 2.

46. Every application for a writ of diminution shall contain a speci-
fication in writing of the parts of the records or proceedings requisite
to be supplied, which shall also be incorporated in the writ of diminu-
tion, for the guidance of the inferior court.

If an appellant is not satisfied with the record as transmitted, he may apply
for a writ of diminution under this section. Only the case as found in the
record can lie reviewed. Schwallenberg v. Jennings. 43 Md. 556.

Ibid. sec. 47. 1888, art. 5. sec. 45. 1860, art. 29, sec. 31. 1853. ch. 68, sec. 3.

47. The issuing of a writ of diminution shall not delay the hearing
in the court of appeals of any cause, if the return thereto be made before
the said cause shall be called for hearing, unless for good cause shown.

Ibid. sec. 48. 1888, art. 5, sec. 46. Rule 19.

48. In all cases where a writ of diminution shall be issued, the clerk
of the inferior court to which the writ may be sent, shall, in his return
thereto, transmit to the court of appeals only so much of the proceed-
ings remaining of record in the inferior court, as may be necessary to
correct the alleged errors or defects in the transcript first sent to the
court of appeals.

Ibid. sec. 49. 1888, art. 5. sec. 47. Rule 22.

49. All appeals shall be brought into the court of appeals by
transcript of the records of the court below, as contemplated by the
constitution, and shall be made up as directed by law; and the appel-
lant, in all civil cases, shall pay, or secure to be paid, to the clerk of the
court of appeals, the cost of printing the necessary number of copies of
said transcript, as required by the rules of court, at the rate of seven
cents for every hundred words, and so pro rate for each copy, instead
of ten cents per hundred words for each copy, as now provided by law;
but before the clerk shall be required to have any transcript in any civil
case printed, the appellant or appellants shall, upon being furnished
with the amount of the cost at the rate aforesaid, pay or secure to be
paid to the clerk, the amount of such cost, so that the clerk shall not be
required to pay out money for printing and incur the risk of loss, in
not being able to collect the cost from the parties from whom it, may be
due, after the work is done. And if there be cross-appeals or more
than one appeal, embraced in one transcript, the cost shall be duly
apportioned; and no appeal shall be considered as ready for hearing

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 159   View pdf image (33K)
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