764

APPEALS AND WRITS OF ERROR. [ART. 71.

to have been raised in said court shall be considered by the Court
of Appeals.

Rules of Court
of Appeals,
No 4
Art 5, s 12.
1825, c 117,s 1,
1862, c 154.
What decided
by Court of
Appeals
22 Md 85.159 25
Md 19, 484 , 26
Md 222, 27 Md
115.211,604, 28
Md 115,191,465,
29 Md 3B1 , 30
Md 6, 224, 284,
294. 402, 489, 585
31 Md 229,294,
32 Md 52, 196.
354, 34 Md 182,
299 492, 521 , 35
Md 361 , 36 Md

7. 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.

I, 62, 154, 246 , 37 Md 369, 410 , 39 Md 116, 356 , 41 Md 24, 268, 297 , 43 Md 226, 267

Const art 4,

8 15.

1870, c 263
What cases to
stand fur hear-
ing in Court of
Appeals at first
term after
record trans-
mitted
34 Md 558.

8. All appeals in cases of mandamus, or questions arising under
the insolvent laws, on exceptions taken on the trials of issues sent
from the Orphans' Courts or courts of equity, orders granting in-
junctions, dissolving or refusing to dissolve the same, appointing a
receiver, ratifying or refusing to ratify a trustee's sale, and all
appeals from decisions of the Orphans' Court, and from any judg-
ments or motions to set aside sales, or apply money in the hands
of the sheriff, and all appeals from decisions on matters of law, made
by the courts of Baltimore city, in relation to the stieets in said
city, shall stand for hearing at the first term after the transmission

Proviso.

of the record; provided, that from every final judgment or order
granting or refusing a peremptory mandamus in any case hereafter
brought, involving the title or right to a public office, either party
shall have a right to appeal within twenty days, and on such appeal
the clerk of the court shall forthwith transmit the original papers,

Const, art. 4,
s 15
Art 5, s 11
1831, c 68, s 4
Priority of
State

including the judgment or order, to the Court of Appeals, and said
court shall immediately hear and determine the casc.
9. All cases where the State is interested shall stand for hearing
at the first term after the transmission of the record.

Art 5, s 5
1832, c 208
Issues from Or-
phans' Court or
court of equity
21 Md 356 , 26
Md 53 , 36 Md
604
Exceptions.
Appeal

10. In cases of issues sent from the Orphans' Court or a court
of equity to a court of law to be tried, exceptions may be taken to
any opinion given by the court before whom such issues shall be
tried, and an appeal taken on such exceptions; and such appeal,
while pending, shall stay all proceedings in the Orphans' Court
touching the matter of such issues.

Rules of Court
of Appeals,
No 5
Bills of excep-
tions, bow
prepared
38 Md 19 , 41
Md 565 , 44 Md
308

11. 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 bearing of the rulings upon the issues
or questions involved; and, if the facts are undisputed, they shall
be stated as facts, and not the evidence from which they are de-
duced; and if disputed, it shall be sufficient to state that evidence
was adduced tending to prove them, instead of setting out the evi-
dence in detail; but if a defect of proof be the ground of the ruling