94 ARTICLE 5.

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

Instruction of trial court not objected or excepted to below, not subject to
review on appeal Moore v State, 149 Md 300; Price v State, 159 Md 496

Conduct of court and counsel not objected to at time cannot be considered on
appeal Brawner v Hooper, 151 Md 594

Question of variance not raised at trial cannot be considered on appeal
White v Parks, 154 Md 202

To first and fourth notes to this section, page 211, vol 1, of Code, add Asphalt
Block & Tile Co. v Klopper, 152 Md 533.

To first note under heading "Special Exceptions, " page 210 vol 1, of Code,
add Kent County v. Pardee, 151 Md. 72; Lansburgh v. Fish & Oyster Co., 153 Md.
318; Lohmuller Bldg Co v Gamble, 160 Md. 538; Von Schlegell v Ford, 167 Md.
591

A plea of res judicata filed by defense not considered on appeal, as it had not
been ruled upon by the trial court State v Coblentz, Daily Record, July 17,
1935.

Question of misjoinder not raised or decided in lower court cannot be consid-
ered in Court of Appeals Mylander v. Page, 162 Md. 261.

Objection to sufficiency of voucher or cause of action not made in trial court
cannot be considered in Court of Appeals Obrecht v Ensor, 162 Md 396

To fifth paragraph to this section, page 212. vol. 1, of Code, add Laporte
Corp v Cement Corp, 164 Md. 645; Ice Machinery Corp v Sachs, 167 Md 123;
Legum v State 167 Md 352

This section applied in Cohen v Fink Piano Co, Inc, 160 Md. 443.

Cited but not construed in Kroh v. Rosenburg, 158 Md. 280; Fid & Dep Co. v
Sanford & Brooks Co, 158 Md 540; Parks v Skipper, 164 Md 396: Loan Serv-
ice v Grossman, 165 Md 480

11.

This section has no effect on right of appellant to test ruling on demurrer.
This section applies to prayers. Omissions of prayers, testimony and exceptions
from record Victory Sparkler Co v. Francks, 147 Md 371

To second note to this section, page 213, vol 1, of Code, add Caltrider v
Weant, 147 Md 344; Kahn v Carl Schoen Silk Corp., 147 Md 519; DeCrette v
Mohler, 147 Md 113; Baltimore v Terio, 147 Md 334; Kent County v. Pardee,
151 Md 73; Askin v. Moulton, 149 Md 145; Cohen v Herbert, 145 Md 205;
Taxicab Co v Hamburger. 146 Md 129; Kelso v Rice, 146 Md. 275; Washington
Ry & Elec Co v Anderson, Daily Record, March 1, 1935

Cited but not construed in May Co. v. Drury, 160 Md. 150.

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