292 ARTICLE 5

given in such penalty and condition, and with such security as the lower
court may prescribe and approve ¹

An appeal lies from an order removing a trustee and dismissing the petition in
insolvency Van Nostrand v Carr, 30 Md 128 See also, Teackle v Crosby 14 Md 22

While the appeal must be taken within thirty days the bond may be filed afterwards
Willis v Bryant 22 Md 373

An appeal, if not taken within 30 days, will be dismissed, unless the delay was
due to the clerk Sparks' Appeal, 18 Md 418, State v Mister, 5 Md 16, Glenn v
Chesapeake Bank, 3 Md 475

It has not been the practice to exclude Sundays in computing time under this section
American Tobacco Co v Strickland, 88 Md 510

As to special hearings, see sec 49

As to the right of appeal in insolvency cases, see art 47, sec 33

An Code, 1924, sec 9 1912, sec 8 1904, sec 8 1888, sec 8 1849, ch 88, sec 4

1854, ch 193, sec 20

9. The court from whose judgment or order under the insolvent laws
an appeal shall be taken shall immediately, upon the entry of such appeal,
certify and state the questions in and decided by such court, and no ques-
tion which shall not appear by such certificate to have been raised in said

court, shall be considered by the court of appeals.

A bill of exceptions, taken and signed in the regular way, is a certificate within the
meaning of this section Castleburg v Wheeler, 68 Md 271 See also, Bradford v
Jones, 1 Md 372

If the opinion of the court clearly shows what was decided and the grounds of the
rulings, it amounts to a sufficient certificate McHenry v McVeigh, 56 Md 580

If there be no certificate (or its equivalent), the appeal will be dismissed Waters v
Momenthy, 68 Md 172, Geary v Hignutt, 32 Md 556, Wright v Kuhn, 20 Md 424

The court of appeals has no power to pass an order directing the lower court to issue
the certificate Waters v Momenthy, 68 Md 172

Cited but not construed in Gable v Scott, 56 Md 180, Jaeger v Requardt, 25 Md 240

See notes to sec 8

An Code, 1924, sec 10 1912, sec 9 1904, sec 9 1888, sec 9 1825, ch 117, sec 1

1862, ch 154 Rule 4

10. In no case shall the court of appeals decide any point or question
which does not plainly appear by the record to have been tried and decided
by the court below; and no instruction actually given, shall be deemed to
be defective by reason of any assumption therein of any fact by the said
court, or because of a question of law having been thereby submitted to
the jury, unless it appear, from the record, that an objection thereto for such
defect was taken at the trial, nor shall any question arise in the court of
appeals as to the insufficiency of evidence to support any instruction
actually granted, unless it appear that such question was distinctly made
to and decided by the court below

Application of this section.

This section applies to appeals at law and not m equity Wicks v Westcott, 59 Md
279 And see Davis v Leaf 2 G & J 306

This section has no application to an appeal from a judgment of condemnation in
attachment Mears v Adreon, 31 Md 235, McCoy v Boyle, 10 Md 396

This section does not apply to appeals from orphans' courts Hendrickson v Attick,
136 Md 7 And see Cover v Stockdale, 16 Md 1

This section is applicable to criminal as well as civil cases, this section prevents the
decision on appeal of any question which does not certainly appear to have been tried
and decided by the lower court Hamilton v State, 127 Md 313

The first clause of this section does not apply to cases of demurrer, motions in
arrest of judgment, exceptions to awards, and appeals from officers of registration
Baltimore v Austin, 95 Md 93, Muir v Beauchamp, 91 Md 658, Cox v Bryan, 81
Md 290, Bragumer v Penn, 79 Md 246, Shaeffer v Gilbert, 73 Md 67, Smith v
State, 66 Md 219, Keller v Stevens, 66 Md 134, Grove v Swartz, 45 Md 228, Smith v
Wood, 31 Md 301, Price v Thomas, 4 Md 521, State v Greenwell, 4 G & J 416

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