166 APPEALS AND ERRORS. [ART. 5

Appeal held to have been taken in time. Wrightsou v. Tydings, 94
Md. 360.

Appeal dismissed for not having been taken in time. Porter v. Timanus,
12 Md. 292; Mayhew v. Soper, 10 G. & J. 372; Sewell v. Sewell, 1 H. & G. 10.
And see Billingslea v. Henry, 20 Md. 285.

Where the record is not transmitted to the appellate court within the
required time, the appeal will be dismissed notwithstanding an agrement of
counsel to the contrary. Powell v. Curtis, 78 Md. 500.

This section applied by analogy. Stanley v. Safe Deposit Co., 88 Md. 407;
Redman v. Chance, 32 Md. 53.

Cited but not construed in Schwallenberg v. Jennings, 43 Md. 556.

Cf. sections 6, 32 and 33, and notes.

1904, art. 5. sec. 63. 1888, art. 5. sec. 61. 1860. art. 5. sec. 42. 1798, ch. 101,
sub-ch. 2, sec. 11. 1798. ch. 102, sub-ch. 15, sec. 18.

63. The court of appeals shall either affirm the decree, judgment,
decision or order of the court below, or direct in what manner it shall
be changed or amended; and the decision of the court of appeals shall
be final and conclusive, and when certified under the seal of the court
and transmitted to the orphans' court, the orphans' court shall proceed
according to the tenor and directions thereof.

Where claims were allowed without sufficient proof, the case was remanded
to the orphans' court for further testimony. Bowling v. Lamar, 1 Gill, 366.

The court of appeals only renders such judgment as the orphans' court
should have rendered, and hence the judgment is not conclusive as respects
the rights of the parties to the cause. Levering v. Levering, 64 Md. 414.

Ibid. sec. 64. 1888, art. 5, sec. 62. 1860, art. 5, sec. 43. 1798, ch. 101,
sub-ch. 15, sec. 19.

64. An appeal from the orphans' court shall not stay any proceed-
ings therein which may with propriety be carried on before the appeal
is decided, if the said orphans' court can provide for the conforming to
the decision of the court of appeals, whether the said decision may
eventually be for or against the appellant.

Where an order directing money to be brought into court has been
appealed from, but pending the appeal the orphans' court proceeds to enforce
its order by proceedings for contempt, the court of appeals will stay further
action by the orphans' court. Bruscup v. Taylor, 26 Md. 410.

Pending an appeal from an order revoking letters, the letters remain in
full force. If an order is passed, however (prior to the actual granting of
letters), ordering that letters be granted, they will not be granted pending
an appeal from such order. State v. Williams, 9 Gill, 176.

The appeal only stays such proceedings as are thereby affected and which
could not be consistently carried on until its termination; what may be done
pending an appeal. Jones v. Jones, 41 Md. 360.

This section does not authorize the appointment of a new administrator
pending an appeal, and the sequestration of the former administrator's
property. Biddison v. Storey, 57 Md. 97.

This section having no application, the proceedings should have been
stayed. Offutt v. Gott, 12 G. & J. 387.

As to a stay of proceedings where issues are sent to a court of law, see
sec. 5.

Cf. sec. 29, and notes.

Ibid. sec. 65. 1888, art. 5, sec. 63. 1860, art. 5, sec. 44. 1818, ch. 204, sec. 2.

65. If upon an appeal being entered in the orphans' court, the
parties shall mutually agree, and enter their assent in writing, to be
filed by the register of wills, that the appeal shall be made to the circuit