290 ARTICLE 6

No point or question not plainly designated can be determined by the court of appeals
McCaddin v State, 100 Md 670, Mitchell v State, 82 Md 532, Hearn v Gould,
51 Md 319 And see Johns v State, 55 Md 353, Price v State, 159 Md 496

This section complied with Gabelein v Plaenker, 36 Md 64

As to appeals in criminal cases, see also secs 86 and 87

Court of Appeals cannot pass upon the selection of a court to which case shall be
removed until after trial has been held and final judgment rendered Lee v State,
161 Md 430

An Code, 1924, sec 5 1912, sec 5 1904, sec 5 1888, sec 5 1832, ch 208

5. In cases of issues sent from the orphans' court or a court of equity
to a court of law to be tried, exceptions may be taken to any opinion given
by the court before whom such issues shall be tried, and an appeal may be
taken on such exceptions; and such appeal, while pending, shall stay all
proceedings in the orphans' court touching the matter of such issues.

This section referred to in construing certain provisions of the act of 1916, ch 625,
changing the time within which Bills of Exceptions in Baltimore city must be signed
Court may extend time for signing Bills of Exceptions upon petition assigning reasons,
review by court of appeals Waiver Motion to dismiss appeal overruled Wegefarth
v. Weissner, 132 Md 599

This section does not qualify or restrict the powers of a law court, it merely gives
a right of exception and appeal as in other cases at law Waters v Waters, 26 Md 73
See also Price v Taylor, 21 Md 366

The entry of an appeal stays the proceedings in the orphans' court whether that
court knows of the appeal or not An order passed by the orphans' court in ignorance
of the appeal should be at once rescinded Berry v Safe Deposit Co, 93 Md 243

Cited but not construed in Goodman v Wineland, 61 Md 455, Earth v Rosenfeld,
36 Md 615, Van Ness v Van Ness 6 How 62

As to a stay of proceedings in the orphans' court, see sec 68

As to issues from the orphans' court, see art 93, secs 254, 263 and 265

An Code, 1924, sec 6 1912, sec 6 1904, sec 6 1888, sec 6 Rule 2 1922, ch 356, sec 6

6. All appeals, or writs of errors, allowed from any judgment or
determination of a court of law, to the Court of Appeals of this State, other
than from decisions on questions arising under the insolvent law, shall be
taken within two months from the date of such judgment or determination,
and not afterwards; and the transcript of the record shall be transmitted
to the Court of Appeals within three months from the time of the appeal
taken, or writ of error allowed ¹

Time of appeal.

Where a final judgment is improperly entered before a motion for new trial filed
in due time has been disposed of, the appeal will not be dismissed because not entered
within two months from such judgment Heiskell v Hollins, 81 Md 397

Although the order of an appeal was not actually entered until after the time pro-
vided by this section since it was satisfactorily shown by deposition that the order
was filed in due time and that the same was lost or mislaid without having been entered
on the docket, the appeal will not be dismissed Cahill v Baltimore, 93 Md 233

The appeal must actually be entered of record within the two months Games v
Lamkin, 82 Md 129 And see Meyer v Steuart, 48 Md 426

The filing of a bill of exceptions is not equivalent to the entry of an appeal
Farmers' Bank v Mackall, 11 G & J 457

The death of the appellee does not suspend the running of the time within which
the appeal must be taken Hopper v Jones, 64 Md 578

An appeal taken too late will be dismissed Riley v New York, etc, Co, 90 Md
59, Gemmell v Davis, 71 Md 463, Peabody Heights, etc, Co v Sadtler, 62 Md 145,
Walsh v State, 53 Md 544, Meyer v Steuart, 48 Md 426, Jacobs v Bealmear, 41
Md 484 And see Hopper v Jones, 64 Md 578, Wilmer v Lang, 142 Md 700

In the trial of issues from the orphans' court, the time within which an appeal
must be taken runs from the date of the verdict in the court of law; the filing of a
motion for a new trial does not enlarge the time Estoppel Appeal dismissed Kamps
v Alexander, 133 Md 199

¹ As revised by Court of Appeals, Oct 5, 1933