OS ARTICLE 5.

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 de-
cree. Shirk v. Soper, 144 Md. 274. And see Bowers v. Soper, 148 Md. 696.

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.

To the fourth note under this section, page 227, vol. 1, of Code, add. Bowles
v. Moller, Inc., 163 Md. 683.

To second note to this section, page 227, vol. 1, of Code, add State Founders,
Inc.. v. Oliver, 165 Md. 366.

Cited but not construed in Busey v. Perkins, Daily Record, April 6, 1935.

35.

The action of court in sustaining demurrer to bill of complaint with right
to amend is not a refusal to grant injunction according to prayer of bill of
complaint within meaning of this section. Maas v. Maas, 165 Md. 344.

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. 388.

When appeal entered after two months from date of decree on ground decree
obtained by fraud or mistake, case must be heard and determined on record
as of time when decree appealed from was passed and as if appealed within
usual period. Bauer v. Harman, 161 Md. 131.

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.

Agreement of counsel, and order of trial court cannot extend period allowed
for transmission of record. Sanitary Supply Co. v. Cooper, 160 Md. 511.

Orders finally disposing of funds in court for distribution are final in their
nature and appealable. Harrison v. Robinette, 167 Md. 84.

8.

If necessary, appellant can incorporate desired papers and transmit the whole
without waiting for appellee. Sanitary Supply Co. v. Cooper, 160 Md. 511.

38.

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).

41.

To sixth note on page 234, vol. 1, of Code, add Wissler v. Elkins, 149 Md. 322;
Talley v. Dadds, 161 Med. 562: Purnell v. Ocean City, 162 Md. 174.

Cited but not construed in Cityco Realty Co. v. Slaysman, 160 Md. 366;
Elfont v. Elfont, 161 Md. 474.

42.

Cause remanded that proper parties may be made. Kaliopulus v. Lumm, 15
Md. 42.