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Revised Code of the Public General Laws, 1879
Volume 388, Page 763   View pdf image (33K)
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ART. 71.] APPEALS AND WRITS OF ERROR.

763

tion to the justice; or by filing a petition with the clerk of the court
to which the appeal is made; and upon such application, if made
within the time prescribed by law for taking such appeal, the clerk,
register, commissioner, or justice to whom the same is made shall
enter a prayer of appeal upon his docket or minutes of proceedings,

415, s 4
From what
courts appeals
taken, mid how.
6 F & J 302.
1 Bl 5.

and transmit the papers or a transcript of the record as hereinafter
required; and the clerk of any court shall, upon application during
the vacation of said court, enter an appeal from the judgment, order

Appeal in vaca-
tion.

or decree of said court to the Court of Appeals.

APPEALS AND WRITS OF ERROR FROM COURTS OF LAW.

Art 5, ss 3-4
1713, c 4 , 1785,
c 87, s 6 , 1796,
c 67, s 23 , 1843,
c 7

2. From any judgment or determination of any court of law in
any civil suit or action, or in any prosecution for the recovery of
any penalty, fine or damages, any party may appeal to the Court of
Appeals; and any party to a writ of mandamus may appeal; and
writs of error may be allowed in civil or criminal cases.
3. Formal writs of error shall, in all cases, be dispensed with,
and the party applying to have the record removed, as upon writ of
error, in cases where, by law, writs of error are allowable, shall, by
brief petition, addressed to the court in which the case was tried,
plainly designate the points or questions of law by the decision of
which he feels aggrieved; which application so to remove the record
shall be allowed as of right; and no point or question not thus
plainly designated in such application shall be heard or determined
by the Court of Appeals.

Who may ap-
peal from any
court of law.
Mandamus
23 Md 271,484,
2i Md 500 , 28
Md 4S8 , 29 Md
293, 465 , 40 Md
433 , 46 Md 501

Rules of Court
of Appeals,
No 1
What writs of
error dispensed

with

21 Md 375 , 25
Md 509 , 29 Md
1 , 46 Md 422
Petition

4. All appeals or writs of error allowed from any judgment or
determination of a court of law, to the Court of Appeals of this
State, other than from decisions on questions arising under the in-
solvent laws, shall be taken within nine months from the date of
such judgment or determination, and not afterwards (except writs
of error coram vobis, where judgments have been entered by mis-
take) , and the transcript of the record shall be transmitted to the
Court of Appeals within six months from the time of the appeal
taken, or writ of error allowed.

Rules of Court
of Appeals,
No 2
Within wbat
tune to be
taken
18 Md 137. 21
Md 375, 382 , 27
Md 675 , 30 Md.
163 31 Md 229 ,
3H Md 14 , 36
Md 238, 243

5. Any person interested may appeal from the decision of the
court on any question arising under the insolvent laws; provided,
such appeal be entered within thirty days, and a transcript of the
record be transmitted to the Court of Appeals within sixty days
from the date of the decision appealed from; and provided also, that
the execution or effect of any judgment, decree, decision, or order

Rules of Court
of Appeals,
No 3
1865, c 91
Provisions In
appeal under
insolvent laws
120 Md 421 , 22
Md 373, 30 Md
128.

so appealed from, shall not be suspended or stayed, unless a bond
shall be given, in such penalty and condition and with such security
as the court may prescribe and approve

Bond.

6. 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 question which shall not appear by such certificate

Art 5, s 13
1849, c 88, s 4
Appeal under
insolvent laws
20 Md 378 , 23
Md. 231, 32 Md.
552.



 
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Revised Code of the Public General Laws, 1879
Volume 388, Page 763   View pdf image (33K)
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