[Art. 4] JUDICIARY DEPARTMENT 99

court of appeals to express opinions upon moot questions or abstract propositions;
this section contemplates action by the court of appeals which will be effective and
binding. State v. Shields, 49 Md. 305.

The portion of this section requiring a written opinion to be filed in three months,
construed not to apply where a case is affirmed because the judges of the court of
appeals are equally divided. Johns v. Johns, 20 Md. 61.

The portion of this section providing that "the judgment of the court shall be
final and conclusive, " applied in a habeas corpus case. State v. Glenn, 54 Md. 595.

The act of 1872, ch. 310, purporting to authorize the court of appeals to reopen
and rehear certain cases and pass such judgment, decrees, etc., as right and justice
require, held invalid under the portion of this section providing that the "judgment
of the court shall be final and conclusive"; except for special cases and on certain
equitable grounds, courts may not interfere with or disturb their final judgments
and decrees after the lapse of the term at which they were rendered. Dorsey v. Gary,
37 Md. 74.

An appeal held to have been regularly placed on the docket of the court of appeals
under this section and art. 5, sec. 44, of the An. Code. After a judgment has become
enrolled and an appeal therefrom entered, bond to stay execution filed and the record
transmitted to the court of appeals, the trial court has no jurisdiction to entertain a
motion to strike out the judgment on the ground of surprise and fraud. United Rys.
Co. v. Corbin, 109 Md. 54.

In view of the last clause of this section, the necessity for a rule argument no longer
exists and such rules are never laid. Moore v. Taylor, 81 Md. 649.

Four judges of Court of Appeals constitute quorum. Motion for re-argument where
case affirmed because judges were equally divided, overruled. Ewell v. Kefauver, 148
Md. 317.

Motion to vacate decision, on ground that one of judges disqualified as having par-
ticipated in another case in which similar questions of fact had been decided against
defendant, overruled on ground that present case involving question of res judicata
has nothing to do with ultimate finding of facts in the case. State v. Coblentz,
169 Md. 173.

Sec. 16. Provision shall be made by law for publishing reports of all
causes argued and determined in the Court of Appeals, which the Judges
shall designate as proper for publication.
See art. 80, sec. 5, of the An. Code.

Sec. 17. There shall be a Clerk of the Court of Appeals, who shall be
elected by the legal and qualified voters of the State, who shall hold his
office for six years, and until his successor is duly qualified; he shall be
subject to removal by the said Court for incompetency, neglect of duty,
misdemeanor in office, or such other cause or causes as may be prescribed
by law; and in case of a vacancy in the office of said Clerk, the Court of
Appeals shall appoint a Clerk of said Court, who shall hold his office until
the election and qualification of his successor, who shall be elected at the
next general election for members of the General Assembly; and the person
so elected shall hold his office for the term of six years from the time of
election.

[Sec. IT. There shall be a Clerk of the Court of Appeals, who, after the
expiration of the current term of the present incumbent, shall be appointed
by and shall hold his office at the pleasure of said Court of Appeals. ]¹

The portion of this section dealing with the removal of the clerk contrasted with
a similar portion of sec. 37—see notes to the latter section. Bowling v. Smith, 9 Md. 268.

This section referred to in construing secs. 11, 12 and 25—see notes to the latter
section. Wells v. Munroe, 86 Md. 450.

Sec. 18. It shall be the duty of the Judges of the Court of Appeals, as
soon after their election under this Constitution as practicable, to make
and publish rules and regulations for the prosecution of appeals to said
appellate court whereby they shall prescribe the periods within which
appeals may be taken, what part or parts of the proceedings in the court

¹ This amendment was submitted by ch. 40, 1939, and will be voted upon by the
people in Nov. 1940.