clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 163   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 5] APPEALS FROM ORPHANS* COURTS. 163

on the sufficiency of the sureties to any bond filed in the offices of the
said courts, respectively, under this article, and the said courts may
from time to time make such rules and orders for the justifying or
proving the sufficiency of such sureties, and for requiring additional
security in any case, as they may deem proper.

If the bond gives the appellee a secure indemnity (collectively where there
is more than one surety), the bond Is sufficient. Barnum v. Eaborg, 2 Md.
Ch. 528.

The bond being insufficient, the appellee may apply to the lower court to
compel the execution of another one, but If the appellee fails to do so, the
court of appeals is powerless. Fullerton v. Miller. 22 Md. 9.

Bond held sufficient. Ringgold's case. 1 Bl. 5.

1904, art. 5, sec. 57. 1888, art. 3. sec. 55. 1860, art. 5, sec. 34. 1826, ch. 200, sec. 16.

57. In case any such bond shall be rejected, the court or judge
rejecting the same shall have a discretionary power to grant further
time to the party to file another bond; and if upon indulgence the party
shall file a new bond which shall be approved, the supersedeas there-
upon granted shall have relation back to the day of the filing of the first
bond.

Ibid. sec. 58. 1888, art. 5, sec. 56. 1860. art. 5, sec. 36. 1826, ch. 200, sec. 17.

58. No bond required by this article to be executed for the purpose
of staying or delaying execution upon any judgment or decree which
shall be approved shall be avoided for any matter of form.

Ibid. sec. 59. 1888, art. 5. sec. 57. 18f;0. art. 5. sec. 38. 1826, ch. 200, sec. 11.

59. The bond, which any appellant, who may die pending any
appeal or writ of error, shall have executed for the prosecuting an
appeal, or suing forth a writ of error, and the securities therein, shall be
liable and answerable to the appellee, his executors, administrators or
assigns, for the due prosecution of the said appeal or writ of error.
See sec. 75. et seq.: also sec. 87.

Appeals from Orphans' Courts.

Ibid. sec. 60. 1888, art. 5. sec. 58. 1860, art. 5. sec. 39. 1818, ch. 204, sec. 1.

60. From all decrees, orders, decisions and judgments, made by
the orphans' court, the party, who may deem himself aggrieved by such
decree, order, decision or judgment, may appeal to the court of appeals.

An appeal lies:

From an order revoking letters of administration. Jones v. Jones, 41 Md
354.

From an order revoking the letters of a Joint administrator upon the appli-
cation of his co-administrator. Forney v. Shriner. 60 Md. 419.

From an order directing the mode of distribution of a decedent's estate
among his creditors. Nally v. Long, 56 Md. 570.

From the refusal of the orphans' court to grant issues. Barroll v. Reading,
5 H. & J. 176.

From an order directing an entry of dismissal of issues filed by the plaintiff
to be stricken out and the case brought up by regular continuances. Price v.
Taylor, 21 Md. 360.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 163   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives