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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 241   View pdf image (33K)
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APPEALS AND ERRORS. 241

A brief as defined by Rule 39 of the court of appeals, is " an abstract of the case
and a full and explicit statement of the several points relied on, with the authorities
sustaining them, accurately cited, and distributed under their proper head." . A
portion of the cost of a brief, more elaborate than this rule justifies, eliminated
from the costs taxed. Jordan v. Piano Co., 140 Md. 214.

An. Code, sec. 52. 1904, sec. 52. 1888, sec. 50. 1862, ch. 122.

56. The court of appeals shall, upon the application of any appellant
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 sard appeal may have been taken, to produce, by himself
or some person authorized by him, to the said court of appeals, for inspec-
tion upon the trial of the said case, any original paper, map or plat filed
in the court below in said case, a copy whereof is set forth in the record sent
to the said court of appeals; the cost of such, production, in every case, to be
paid by the party applying for the production of said paper.

Under this section, the court may verify or correct the printed record, by referring
to the original documents. Bowman v. Little, 101 Md. 316.
This section carried out. Gordon v. Smith, 103 Md. 318.

Appeal Bonds.

An. Code, sec. 53. 1904, sec. 53. 1888, sec. 51. 1713, ch. 4, sec. 2. 1811, ch. 171.

1826, ch. 200, sec. 1.

57. No execution upon any judgment or decree in any court of law or
equity shall be stayed or delayed, unless the person against whom such
judgment or decree shall be rendered or passed, his heirs, executors, or
administrators, or some other person in his or their behalf, shall immedi-
ately, upon praying an appeal from any such judgment or decree, or suing
out a writ of error upon any such judgment, enter into bond with sufficient
securities in at least double the sum recovered by such judgment or decree,
or in double the value of the matter or thing in controversy, which shall
have been recovered or decreed, if a movable chattel or chattels, to be esti-
mated by the court from whose judgment or decree the said appeal shall
be made or writ of error directed, with condition as follows or to the fol-
lowing effect: That if the said party appellant, or party suing out such
writ of error, shall not cause a transcript of the record and proceedings of
the said judgment or decree to be transmitted to the court of appeals within
the time required by law, and prosecute the said appeal or writ of error
with effect, and also satisfy and pay to the said party in whose favor such
judgment or decree was rendered or passed, his executors, administrators
or assigns, in case the said judgment or decree shall be affirmed, as well
the debt, damages and costs, or the damages or sum of money or other mat-
ter or thing, and costs, adjudged in the court from which the appeal is
taken, or writ of error sued out, as also all damages and costs that may be
awarded by the court of appeals, then the said bond to be and remain in full
force and virtue, otherwise of no effect.

Insufficient bond.

An appeal bond conditioned to prosecute an appeal in a court which has no
existence, is not binding and does not stay execution. Tucker v. State, 11 Md. 322.

A bond with one surety is not in compliance with this section. Harris v. Regester,
70 Md. 119.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 241   View pdf image (33K)
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