772

APPEALS AND WRITS OF ERROR. [ART. 71.

tinuances; all injunction bonds, receivers bonds, trustees' bonds,
appeal bonds and affidavits filed on appeal; all proceedings in the
cause subsequent to the decree or order appealed from; and all merely
collateral proceedings not in anywise involved in the matter of appeal,
and which cannot be material to the hearing and decision of the case
by the Court of Appeals; any party to the appeal, however, shall have
the right to direct any particular part of the proceedings of the cause,
that would otherwise be omitted, to be incorporated in the transcript,
the clerk stating at whose instance the same is inserted, that costs
may be awarded, as the matter so directed to be incorporated may
be deemed material or not by the Court of Appeals.

Rules of Court
of Appeals,
No 12
Documentary
evidence, how
set out.

48. Whenever deeds, records, or other documentary evidence
are used in any equity cause, the purport and substance only of
such deeds, records, or other instruments shall be stated, and they
shall not be set out in full in any case, except where some question
arises upon the construction or validity thereof, and transcripts of
records in equity causes shall be prepared in accordance with this
rule. Any party to the appeal, however, shall have the right to
direct any or all of such documentary proof to be inserted at
length, the clerk stating at whose instance the same is so inserted,
that costs may be awarded as the matter so incorporated may be

1861, c 33
When no objec-
tion to compe-
tency or wit-
ness, admis-ibil-
ity of evid nee,
averments or
accounts slated
allowed
21 Md 578 , 23
Md 66, 30 Md.
485 , 33 Md 48,
226 , 35 Md 503 ,
42 Md 231 , 46
Md 636

deemed proper or not to have been set out in full, by the Appellate
Court.
40. On an appeal from a court of equity, no objection to the
competency of a witness, or the admissibility of evidence, or to the
sufficiency of the averments of the bill or petition, or to any ac-
count stated and reported in said cause, shall be made in the Court
of Appeals, unless it shall appear by the record that such objection
has been made by exceptions, filed in the court from which such
appeal shall have been taken.

Art 5, s 27
1841, c 163.
No objection to
jurisdiction al-
lowed, unit ss
taken below
28 Md 66 , 26
Md 847 , 35 Md
496 , 45 Md 477.

50. No defendant to a suit in equity in which an appeal may be
taken, shall make any objections to the jurisdiction of the court
below, unless it shall appear by the record that such objection was
made in said court.
51. If it shall appear or be shown to the Court of Appeals that

Art 5, s 28
1818, c 193, s 14,
1832, c 302, a 6
Cause may be
remanded for
amendment or
testimony or
further proceed-
ings
20 Md 131 , 23
Md 116, 26 Md
46 , 27 Md 368 ,
28 Md 157,
29 Md 59,
31 Md 476 , 32
Md 577 , 33 Md
283, 34 Md 365,
41 Md 305, 419 ,
43 Md 382,
44 Md 267 ,
46 Md.836

the substantial merits of a cause will not be determined by the re-
versing or affirming of any decree or order that may have been
passed by a court of equity, or that the purposes of justice will
be advanced by permitting further proceedings in the cause, either
through amendment of any of the pleadings or the introduction of
further evidence, making additional parties, or otherwise, then the
Court of Appeals, instead of passing a final decree or order, shall
order the cause to be remanded to the court from whose decision
the appeal was taken, and thereupon such further proceedings shall
there be bad by amendment of pleadings, or further testimony to
be taken, or otherwise, as shall be necessary for determining the
cause upon its merits, as if no appeal had been taken in the cause,
and the decree or order appealed from had not been passed, save