312 ARTICLE 5

An. Code, 1924, sec. 35. 1912, sec. 31. 1904, sec. 31. 1888, sec. 29. 1832, ch. 197.
1843, ch. 73. 1868, ch. 102.

35. Whenever any court having equity jurisdiction shall refuse to
grant an injunction according to the prayer of the bill or petition filed in
the cause, an appeal may be taken from such refusal by any party aggrieved
thereby, and such right of appeal shall not be prejudiced by the filing of an
answer to the said bill or petition on behalf of any opposing party, nor by
the taking of depositions in reference to the allegations of the bill or peti-
tion to be read on the hearing of the application for an injunction; and
the said appeal shall be heard on a transcript of the said bill or petition,
with such other papers or proceedings in the cause as may be necessary for
the purposes of the appeal, and so soon as conveniently may be after such
transcript shall have been filed in the court of appeals.

An appeal from an order refusing a preliminary injunction on an ex parte applica-
tion, upheld under this section. Safe Dep. & Tr. Co. v. Baltimore, 121 Md. 533.

This section has no application to an appeal from an order granting an injunction.
B. & O. R. R". Co. v. Gilmor, 125 Md. 618.

An appeal taken and the record transmitted in due time, inasmuch as such appeal
was under sec. 30 and not under this section. Powell v. Mackenzie, 137 Md. 275.

Where the court instead of hearing an application for an injunction immediately,
sets a subsequent date for the hearing meanwhile issuing a restraining order, and at
the hearing refuses the injunction, an appeal lies under this section. Bonaparte v.
Baltimore, etc., R. R. Co., 75 Md. 343.

The history of this section, traced. An appeal lies from an order refusing to grant
an injunction ex parte. Chesapeake Telephone Co. v. Baltimore, 89 Md. 707. And
see Webster v. Susquehanna Pole Line Co., 112 Md. 423.

Prior to the act of 1868, ch. 102, no appeal lay from an order refusing an injunction
after answer filed. Barnum v. Gordon, 28 Md. 97; Krone v. Krone, 27 Md. 81; Steiger-
wald v. Winans, 17 Md. 65.

Cited but not construed in Susquehanna Co. v. St. Clair, 113 Md. 668; Smith v.
Annapolis, 97 Md. 736; Willis v. Jones, 57 Md. 365; State v. Northern Central Ry.
Co., 18 Md. 210; Stockett v. Bird, 18 Md. 487; Moreland v. Moreland, 175 Md. 148.

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.

See sec. 31 and notes to sec. 30.

An. Code, 1924, sec. 36. 1912, sec. 32. 1904, sec. 32. 1888, sec. 30. Rule 9.

36. All appeals allowed from decrees or orders of courts of equity shall
be taken and entered within two months from the date of the decree or order
appealed from, and not afterwards; unless it shall be alleged on oath that
such decree or order was obtained by fraud or mistake, in which case the
appeal shall be entered within two months from the time of the discovery
of the fraud or mistake, and not afterwards.

Time of appeal.

An appeal must be actually entered within the two months, and the fact that an
appeal bond is filed within the two months does not affect the matter. Humphreys
v. Slemons, 78 Md. 607. See also Miller v. Murray, 71 Md. 62.

Where an appeal from a final order taken in due time brings up a previous order
for review in accordance with sec. 32, the appeal need nqt be taken within two
months from the passage of such previous order. Emory v. Faith, 113 Md. 256.

In computing the time within which an appeal should be taken, the day of the date
of the decree should be excluded. Calvert v. Williams, 34 Md. 672.

The time during which a decree is suspended is to be excluded in determining the
time within which the appeal must be taken. Herbert v. Rowles, 30 Md. 271; Bennett
v. Bennett, 5 Gill, 467.

The operation of the first clause of this section is not stayed, because the law
regulating the time for appeal was not in effect at the time the judgment was en-
tered, provided the appeal was not taken within two months after the law went into
effect. Stephen v. Lewis, 62 Md. 229.

Where a verdict and judgment regarded by the court as for the plaintiff, were entered
in February, 1887, and upon a reversal by the appellate court, judgment is entered
in January, 1888, for the defendants, and the plaintiff enters an appeal on the same
day, the appeal is taken in time. Sentman v. Gamble, 69 Md. 307.