APPEALS AND ERRORS 297

An Code, 1924 sec 12 1912, sec 10 1904, sec 10 1888, sec 10 Rule 5 1927, ch 224

12 Bills of exceptions shall be so prepared as only to present to the
Court of Appeals the rulings of the court below upon some matter of law,
and shall contain only such statement of facts as may be necessary to
explain the bearings of the rulings upon the issues or questions involved,
and if the facts are undisputed, they shall be stated as facts, and the
evidence from which they are deduced shall not be set out, and, if dis-
puted, it shall be sufficient to state that evidence was adduced tending to
prove them, instead of setting out the evidence in detail; but if a defect
of proof be the ground of the ruling or exception, then the particulars in
which the proof is supposed to be defective shall be briefly stated, and all
the evidence offered in anywise connected with such supposed defect,
shall be set out in the bill of exception.

And it shall be the duty of the judges of the courts below to require
exceptions to be prepared in accordance with this rule.¹

Oral agreement of counsel made after transcript has been filed in Court of Appeals
cannot take place of bill of exceptions Presbyterian Church v Pugh, 154 Md 554

Act 1927, ch 224, is valid, no inconsistency with rules of court Savage Mfg Co v
Magne, 154 Md 54

When record contains no bill of exceptions, is not authenticated and docket entries
show no demurrer or motion to quash indictment, appeal will be dismissed Grout v
State, 157 Md 387

Usual penalty for failure to condense record is to charge appellant, in case of reversal,
with the costs unnecessarily incurred Jersey Ice Cream v Bach, 161 Md 293

Though a petition, affidavit and exhibits appear in the record, since they are not set
out or contained in the bill of exceptions as required by this section and sec 86, they
will not be reviewed Cochran v State, 119 Md 548

The insertion in the record of the entire evidence criticized under this section and
secs 38 and 39, costs of record divided between appellant and appellee Oxweld Acety-
lene Co v Hughes, 126 Md 444

The insertion in the record of the entire evidence criticized under this section, dis-
position of costs left to orphans' court under art 93, sec 265 White v Bramble,
124 Md 403

Exceptions set out in the record held to disregard both the letter and spirit of rule 5
of the court of appeals, irrelevant matter, responsibility appellant's Annarina v
Boland, 136 Md 384

There is no need of a writ of error in order to bring up for review rulings on demurrers
Kendrick v Warren, 110 Md 77

Where the proof is supposed to be defective, the particulars of such defect must be
briefly stated in the exception B & O R R Co v Mali, 66 Md 57

This section violated in that the particulars in which the proof was supposed to be
defective and all the evidence connected therewith, were not set out Wilson v Merry-
man, 48 Md 342

This section sufficiently complied with Blake v Pitcher, 46 Md 462 See also Davis v
State 38 Md 51

Exceptions taken by the appellee ought not to go into the record Hoffman v Coombs
9 Gill, 284

Trial courts should strictly enforce this section Boyd v Cross, 35 Md 200
Cited but not construed in Caledonia Ins Co v Traub, 80 Md 222, Scarlett v
Academy of Music 43 Md 210, Bromszewski v B & O R R Co 156 Md 449
Carroll v Hillendale Golf Club, 156 Md 547
Cited m Wilkerson v State, 171 Md 289

An Code, 1924, sec 13 1912, sec 11 1904, sec 11 1894 ch 33 sec 10A
1922, ch 418, sec 11

13. A bill of exceptions allowed in any cause shall be deemed sufficiently
authenticated if signed by the judge of the court m which the cause was
tried, or by the presiding judge thereof if more than one judge sat at
the trial of the cause, without any seal of the court or judge annexed
thereto And in case the judge before whom the cause has heretofore
been or may hereafter be tried is, by reason of death, sickness, or other
disability, or by reason of the expiration of his term of office, unable

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