APPEALS AND ERRORS. 29

delivery of real or personal property or the payment of money, unless
such delivery or payment be directed to be made to a receiver appointed
by such court; or from any order determining a question or right between
the parties, and directing an account to be stated on the principle of such
determination, or from any order of any court in this State the effect of
which is to deprive any parent, grandparent, or natural guardian of such
child of its care and custody, and upon any such appeal the facts of the
case shall be reviewed as in appeals from final decrees passed by courts
of equity.

Although this section requires answer to be filed before an appeal from order
granting injunction, Court of Appeals is confined to averments of bill of com-
plaint. Sterback v. Robinson, 148 Md. 27. (Decided prior to act 1927, ch. 593. )
One cannot accept a decree to the extent It is favorable, and appeal from so
much thereof as did not extend relief to degree desired. Silverberg v. Silver-
berg, 148 Md. 689. (Decided prior to act 1927, ch. 593. )

To third note under heading "Determining a Question, " etc., page 225, vol. 1.
of Code, add Holloway v. Safe Dep. & Tr. Co., 152 Md. 295. (Decided prior to
act 1927, ch. 593. )

As act 1920, ch. 274, added a final clause to this section, the reference in first
and last notes under the heading "Determining a Question of Right, " etc., page
225, vol. 1, of Code, to "last clause of this section, " should now be to portion of
this section re order "determining a question of right, " etc.

32.

See notes to sec. 31.

33.

Court may, in its discretion, order that decree shall not be stayed by appeal,
or shall be stayed only upon such terms as court directs. It is absolute duty of
court to fix penalty of bond, but amount of penalty is in discretion of court,
and not reviewable. When rights of purchaser not affected by reversal of decree.
Shirk v. Soper, 144 Md. 274. And see Bowers v. Soper, 148 Md. 686.

Rule that appeal will not stay execution of decree unless bond is given, is not
available to protect title vested under purchase unfairly accomplished. Herman
v. Bldg. & Loan Co., 145 Md. 490.

Appeal does not suspend operation or stay execution of decree unless bond is
filed. Holloway v. Safe Dep. & Tr. Co., 152'Md. 295.

36.

Fact that last day of two months within which appeal may be taken falls on
legal holiday, does not extend time; appeal dismissed. Winkel v. Geiger, 154
Md. 674.

Date of decree is date upon which it became effective and binding, i. e., when
it is filed. Pocock v. Gladden, 154 Md. 253.

Cited but not construed in Wilmer v. Haines, 148 Md. 3SS.

37.

To second note, beginning on page 230, vol. 1, of Code, add Wilmer v Haines,
148 Md. 388.

This section referred to in construing ch. 625 of acts 1916 (Baltimore City
Charter, sec. 316). Stiegler v. Eureka Life Ins. Co., 146 Md. 655.

40.

Inasmuch as no exception was taken to overruling motion to exclude evidence
admitted subject to exception, such evidence must be considered Marden v
Scott, 154 Md. 417.

To eleventh note on page 233. vol. 1. of Code, add Holloway v Safe Dep & Tr.
Co., 152 Md. 299 (auditor's account).