26

ARTICLE 5.

ARTICLE 5.

APPEALS AND ERRORS.

Appeals from Courts at Law.

12. Bills of exception—how to be pre-
pared.

Appeals from Courts of Equity.

31. Special orders from which appeal
may he taken.

Provisions Relating to Appeals from
Courts of Law and Equity.

49. Repealed.

Appeals in Cases of Contempt

105. Appeals in cases of direct and
constructive contempt.

Appeals from Courts of Law.

2.

Jurisdiction on appeal upheld under this section in case of prosecution under
art. 56. sec. 228. Motor Co. v. State. 147 Md. 234.

3.

As to mandamus, see art. 60.

6.

To second note to this section, page 208, vol. 1, of Code, add Brill v. State,
144 Md. 69.

See notes to sec. 44.

7.

Appeal dismissed for failure to comply with act 1916, ch. 625, applicable to
Baltimore City. Bastable v. Bastable, 144 Md. 214.

10.

When prayer wholly excluded defense of one of parties which had evidence
to support it. failure to take special exception not fatal. Assumption of defend-
ant's liability under such circumstances, not such assumption of facts as statute
has in view. Buckey v. White, 137 Md. 131, commented on. Louis v. Johnson,
146 Md. 120.

Where there is no proof that plaintiff was qualified to engage in business,
question of submission to jury of whether injury disabled her from engaging
in business for which otherwise she would have been qualified, should be raised
by special exception. White v. Parks, 154 Md. 201.

Special exceptions must be taken during progress of trial so prayer can be
amended; no application to oral exceptions later reduced to writing. Kahn v.
Carl Schoen Silk Corp.. 147 Md. 528.

Remarks of trial judge, not excepted to, not considered on appeal. Brill v.
State, 144 Md. 74.

As to powers of Court of Appeals re forms of process, writs, pleadings, etc., see art.
26, sec. 35A.

As to appeals in Workmen's Compensation claims, see art. 101, sec. 56.
As to Board of Zoning Appeals, see art. 66B. sec. 7.