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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 160   View pdf image (33K)
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160 APPEALS AND ERRORS. [ART. 5

until this rule shall be complied with by the appellant or appellants;
but nothing herein contained shall be taken to prevent the appellee from
having the appeal dismissed, or the judgment, order or decree affirmed,
under rule of court, for failure on the part of the appellant to have the
appeal ready for argument.

Where several parties appeal from the same decree, one of the appellants
will not be required to pay for an additional record which has no bearing on
his appeal. Correct practice as to the payment of costs where several
parties have conflicting or different interests affected by the same decree.
Cross appeals. This section construed in connection with section 42. Boyce v.
McLeod, 107 Md. 8.

The only method by which a record can be brought into the court of
appeals is as pointed out by this section and section 39. An agreed statement
of facts can not be substituted. Mc-Devitt v. Bryant, 104 Md. 190.

1904, art. 5, sec. 50. 1888. art. 5, sec. 48.

50. All briefs in civil causes preparatory to the argument of such:
causes, as required by the rule of court, shall be filed with the clerk in
manuscript; and the clerk shall furnish the requisite number of printed
copies thereof, at the rate of cost provided in the preceding section; and
the amount of such cost shall be paid, or secured to be paid, by the
party required to furnish such briefs, at the time of delivery thereof,
to the clerk, and before argument; and any party failing to comply with
this section shall be considered in default under the rules of court, for
not furnishing briefs as thereby required.

Ibid. sec. 51. 1888. art. 5. sec. 49. Rule 38.

51. Either party may file written or printed arguments in any cause-
pending in the court of appeals, but the cost of such arguments shall
not be taxed as part of the costs of the cause. A sufficient number of
printed copies of the argument shall be furnished for the court, the
counsel concerned, the reporter and the clerk. If the party filing the
argument think proper, he may have the printing clone on the best
terms he can make; provided it be in good, clear, readable type; but if
the clerk of the court of appeals be required to have the argument
printed, he shall be entitled to charge therefor at the rate prescribed in
section 49, and be entitled to receive the amount of the cost upon his
being ready to deliver the printed copies of the argument to the court.
But in no case shall a brief or argument be received, either through the
clerk or otherwise, after the cause has been argued or submitted, unless
it be upon special leave granted in open court, after notice to opposing
counsel.

Ibid, sec. 52. 1888. art. 5. sec. 50. 1862, ch. 122.

52. The court of appeals shall, upon the application of any appel-
lant or appellee in any case there depending, and on proper cause shown
to said court, for that purpose, have power to order and direct the clerk
of the court from which said appeal may have been taken, to produce,
by himself or some person authorized by him. to the said court of
appeals, for inspection upon the trial of the said case, any original
paper, map or plat filed in the court below in said case, a copy whereof

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 160   View pdf image (33K)
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