APPEALS AND ERRORS. 209

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1849, ch. 88, sec. 4. 1854, ch. 193, sec. 20.

9. The court from whose judgment or order under the insolvent laws
an appeal shall be taken shall immediately, upon the entry of such appeal,
certify and state the questions in and decided by such court; and no ques-
tion which shall not appear by such certificate to have been raised in said
court, shall be considered by the court of appeals.

A bill of exceptions, taken and signed in the regular way, is a certificate within
the meaning of this section. Castleburg v. Wheeler, 68 Md. 271. See also, Bradford
v. Jones, 1 Md. 372.

If the opinion of the court clearly shows what was decided and the grounds of the
rulings, it amounts to a sufficient certificate. McHenry v. McVeigh, 56 Md. 580.

If there be no certificate (or its equivalent), the appeal will be dismissed. Waters
v. Momenthy, 68 Md. 172; Geary v. Hignutt, 32 Md. 556; Wright v. Kuhn, 20
Md. 424.

The court of appeals has no power to pass an order directing the lower court to
issue the certificate. Waters v. Momenthy, 68 Md. 172.

Cited but not construed in Gable v. Scott, 56 Md. 180; Jaeger v. Requardt, 25
Md. 240.
See notes to sec. 8.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1825, ch. 117, sec. 1. 1862, ch. 154. Rule 4.

10. In no case shall the court of appeals decide any point or question
which does not plainly appear by the record to have been tried and decided
by the court below; and no instruction actually given, shall be deemed to
be defective by reason of any assumption therein of any fact by the said
court, or because of a question of law having been thereby submitted to
the jury, unless it appear, from the record, that an objection thereto for such
defect was taken at the trial; nor shall any question arise in the court of
appeals as to the insufficiency of evidence to support any instruction
actually granted, unless it appear that such question was distinctly made
to and decided by the court below.

Application of this section.

This section applies to appeals at law and not in equity. Wicks v. Westcott, 59
Md. 279. And see Davis v. Leaf, 2 G. & J. 306.

This section has no application to an appeal from a judgment of condemnation
in attachment. Mears v. Adreon, 31 Md. 235; McCoy v. Boyle, 10 Md. 396.

This section, does not apply to appeals from orphans' courts. Hendrickson v.
Attick, 136 Md. 7. And see Cover v. Stockdale, 16 Md. 1.

This section is applicable to criminal as well as civil cases; this section prevents
the decision on appeal of any question which does not certainly appear to have
been tried and decided by the lower court. Hamilton v. State, 127 Md. 313.

The first clause of this section does not apply to cases of demurrer, motions in
arrest of judgment, exceptions to awards, and appeals from officers of registration.
Baltimore v. Austin, 95 Md. 93; Muir v. Beauchamp, 91 Md. 658; Cox v. Bryan,
81 Md. 290; Bragunier v. Penn, 79 Md. 246; Shaeffer v. Gilbert, 73 Md. 67; Smith v.
State, 66 Md. 219; Keller v. Stevens, 66 Md. 134; Grove v. Swartz, 45 Md. 228;
Smith v. Wood, 31 Md. 301; Price v. Thomas, 4 Md. 521; State v. Greenwell,
4 G. & J. 416.

The first clause of this section is not applicable where the case was tried below
upon an agreed statement providing that the court was to give judgment for the
plaintiff or defendant, according to whether it found the defendant owed the taxes
claimed, the agreement reserving the right of appeal to both parties. B., C. & A.
Ry. Co. v. Wicomico County, 93 Md. 127. And see Keller v. State, 12 Md. 328.

The first clause of this section is not applicable to motions to quash the scire facias
issued upon a mechanic's lien claim, for defects apparent on its face. Baker v.
Winter, 15 Md. 9.

The act of 1862, ch. 154, held inapplicable to a case originating before the passage
of said act. Cecil Bank v. Barry, 20 Md. 297.