APPEALS AND ERRORS 291

Where in the trial of issues from the orphans' court, a verdict was rendered on
August 23rd, and no appeal was taken until December 2nd, such appeal is too late.
Bradley v Bradley, 123 Md 509

This section referred to in construing sec 45 See notes thereto Luray v State, 157
Md 640

Extension of time for signing of bills of exceptions, after hearing, held not to be
arbitrary exercise of discretion so as to require appeal to be dismissed Christian v
Construction Co, 161 Md 87.

Time of transmitting record.

An appeal must be dismissed if the record is not transmitted in time subject only
to the exception set out in sec 45, so also as to appeals in equity No sufficient
excuse for delay Marx v Reinecke, 142 Md 343, Presstman v Fine, 162 Md 136,
Williams Realty Co v Robey, 175 Md 534

Appeal dismissed because the record was not transmitted in time Desire of counsel
to inspect transcript and mistake as to the time remaining for transmission of record,
and his being engaged in performing patriotic service, not sufficient reasons for delay
Castelberg v Hamburger, 133 Md 45

Where by agreement of parties the signing of a bill of exceptions is postponed so
that the record cannot be transmitted in time, the appeal will not be dismissed, the
delay being caused by the appellee as well as the appellant Hopper v Beck, 83 Md 647

The burden of proof is on the appellant to show that the delay in transmitting the
records was not his fault, failure of proof Maryland, etc, R R Co v Hammond,
110 Md 124, Brill v State, 144 Md 69, Price v State, 160 Md 671

If the record is not transmitted within the three months, the appeal will be dismissed
Steiner v Harding, 88 Md 343, Horsey v Woodward, 124 Md 362 (see notes to sec 45)

A record having reached the court of appeals one day late, the appeal was dismissed
under this section Horseman v Furbush, 124 Md 582

Cited but not construed in Lee v State, 163 Md 60

Cited but not construed m Balto Paint Works v Parts Co, 173 Md 213

Generally.

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 applies to an appeal from a judgment of a law court on issues sent
from the orphans' court Hoppe v Byers, 60 Md 395

This section applies to an appeal from a judgment of condemnation m an attach-
ment Mears v Adreon, 31 Md 235

Cited but not construed in State v Bowers, 65 Md 364

Cf secs 36, 37 and 66 and notes, see secs 45, 46 and notes to sec 49

An Code, 1924, sec 7 1922, ch 356, sec 6A

7. All appeals from any decisions or determinations or rulings of a
court of law in cases of issues sent from the Orphans' Court to a court of
law to be tried, to the Court of Appeals of this State, shall be taken within
two months from the date the verdict is rendered, unless a motion for a new
trial is duly filed, in which case the appeal shall be taken within two
months from the date upon which such motion for a new trial is denied,
overruled or dismissed, and the transcript of the record shall be trans-
mitted to the Court of Appeals within three months from the time of the
appeal taken

Appeal dismissed for failure to comply with act 1916, ch 625, applicable to Baltimore
City Bastable v Bastable, 144 Md 214

An Code, 1924, sec 8 1912, sec 7 1904, sec 7 1888, sec 7 1849, ch 88, sec 1
1854, ch 193, sec 20 1865, ch 91 Rule 3

8 All appeals allowed from decisions of questions arising under the
insolvent law shall be taken within thirty days from the time of the decision
made, and a transcript of the record shall be transmitted to the clerk of
the court of appeals within sixty days from the date of the decision appealed
from, but the execution or effect of any judgment, decree, decision or order
so appealed from shall not be suspended or stayed, unless a bond shall be