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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 28   View pdf image (33K)
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28 ARTICLE 5.

shall be immediately preceded by the words, 'the foregoing bill (or bills;
approved this day of 19. ' Nor shall it be
necessary to refer specifically in any bill of exceptions to matters set
forth in preceding bills, but every bill of exceptions shall be considered as
incorporating therein, without statement to that effect, all matters set
forth in all preceding bills of exceptions as occurring in the course of the
case. And it shall be the duty of the judges of the courts below to require
exception to be prepared in accordance with this rule.

Oral agreement of counsel made after transcript has been filed in Court of
Appeals cannot take place of bill of exceptions. Presbyterian Church v. Pugh.
154 Md. 554.

Act 1927, ch. 224, is valid; no inconsistency with rules of court. Savage Mfg.
Co. v. Magne, 154 Md. 54.

13.

Bill of exceptions signed too late under act 1916, ch. 625, applicable to Balti-
more City. "Not less than thirty days prior to the time. " etc., means thirty
clear days, exclusive of both terminal days. Consent to postponement—estoppel.
Stiegler v. Eureka Life Ins. Co., 146 Md. 658.

See notes to sec. 12.

24.

Case remanded to correct mis joinder; if 'declaration contains several counts,
joint participation of all defendants must be averred in each. Tong v. Feldman,
152 Md. 407.

26.

To second note to this section, page 219, vol. 1, of Code, add Canton Co. v. Seal,
144 Md. 183; Kvedera v. Mondravisky, 149 Md. 3T9.

Appeals from Courts of Equity.

30.

Counsel for party to receivership proceedings had no interest in case entitling
him to appeal from order sustaining exceptions to allowance of his fee. Cul-
breth v. Kries & Sons, 144 Md. 500.

Appellant must show that he has direct interest in subject-matter of litigation.
Decree or order must be final. In re Buckler Trusts, 144 Md. 427.

Right of appeal under this section does not depend upon filing of appeal bond.
See notes to sec. 33. Shirk v. Soper, 144 Md. 283.

Order directing executrix to intervene as defendant is interlocutory and not
appealable. Rowe v. Rowe, 154 Md. 604.

Order denying petition of defendant in divorce suit for further proceedings
by plaintiff, is not final, Contempt for non-payment of alimony. Skirven v.
Skirven, 154 Md. 272.

An. Code, 1924, sec. 31. 1912, sec. 27. 1904, sec. 27. 1888, sec. 25. 1835, ch. 346,

sec. 2. 1835, ch. 380, sec. 3. 1841, ch. 11. 1845, ch. 367, sec. 1. 1865, ch. 141.

1920, ch. 274, sec. 27. 1927, ch. 593.

31. An appeal may also be granted in the following cases, to wit: From
any order granting an injunction, or from a refusal to dissolve the same,
or an order appointing a receiver, the answer of the party appealing being
first filed in the cause; from an order dissolving an injunction, or from an
order remedial in its nature adjudging in contempt of court any party to
a cause or any person not a party thereto (except orders passed requiring
the payment of alimony); from an order for the sale, conveyance or


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 28   View pdf image (33K)
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