248 ARTICLE 5.

judgment or determination of the court appealed from; and the transcript
of the record shall be transmitted to this court within thirty days from the
day of the appeal entered.1

No appeal under this section from the action of the court in overruling a de-
murrer; there must be a final judgment. State v. Easton, etc., Club, 72 Md. 299.
See art. 23, sec. 98, ei seq.

An. Code, sec. 69. 1904, sec. 69. 1888, sec. 67. Rule 23.

74. The appellant or appellants, if the defendant or defendants in the
cause, upon praying such appeal, in order to stay the execution or enforce-
ment of the judgment appealed from, shall tender and file in the cause an
appeal bond, in such form and with such sureties, as may be approved by
the court, the penalty in such bond not to exceed, in any case, the sum of
ten thousand dollars.

Execution.

An. Code, sec. 70. 1904, sec. 70. 1888, sec. 68. 1806, ch. 90, sec. 3. 1888, ch. 509.

75. A writ of fieri facias or attachment may be issued upon any judg-
ment of the court of appeals directed to the sheriff of the county in which
the original judgment appealed from was rendered and returnable to the
circuit court for such county; and at the same time such writ may also be
issued by leave of the court upon good cause shown, and upon such terms
as the court shall prescribe, directed to the sheriff of any other county or
counties in the State, and returnable to the circuit court for such county
or counties; and there shall be sent with each writ a short copy of the judg-
ment ; and each of the said writs shall be proceeded in and renewed as if it
had issued from the circuit court to which it is returnable.

Execution is issuable out of the court of appeals for the enforcement of any of
its judgments; see notes to art. 16, sec. 231. Marshall v. Marshall, 124 Md. 262.

This section referred to in deciding that the lower court cannot vacate a judg-
ment affirmed on appeal. United Rys. Co. v. Corbin, 109 Md. 60.

As to executions on judgments, see art. 26, sec. 20.

An. Code, sec. 71. 1904, sec. 71. 1888, sec. 69. 1806, ch. 90, sec. 3. 1888, ch. 509.

76. Either of the writs mentioned in the preceding section may be
directed to the sheriff of the city of Baltimore, and if so directed it shall
be made returnable to the court from which the appeal was taken, and the
same proceedings shall be had as provided in the preceding section.
Cited but not construed in United Rys. Co. v. Corbin, 109 Md. 61.

An. Code, sec. 71A. 1914, ch. 503.

77. No judgment or decree of the Court of Appeals of Maryland shall
be a lien upon real or leasehold estate situated in any county or city other
than the county or city from the Court of which the original judgment or
decree appealed from was rendered, except from the date of entry of a copy
of the docket entries of the judgment or decree of the Court of Appeals
by the Clerk of the Court of such county or city in which the real or lease-

1 As to appeals from judgments of the courts of Baltimore city or the circuit courts
of the counties, in cases instituted for a review of an order or determination of the
public service commission, see art. 23, sec. 407.