28 APPEALS AND ERROR. [ART. 5.

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.

Herbert v. Rowles, 30 Md. 271. McGonigal v. Plummer, 30 Md. 422. John-
son v. Robertson, 31 Md. 476. Calvert v. Williams, 34 Md 672. Jacobs v.
Bealmear, 41 Md. 484 Stephen v. Lewis, 62 Md. 230. United Lines Tel Co.

Hi. Stevens, 67 Md. 158

Rale 10.

31. All transcripts of records, on appeals from courts of

equity, shall be made and transmitted to the court of appeals
within three months from the time of the appeal prayed; but on
appeals taken as provided by section 29, the transcript of the
record shall be made and transmitted to the court of appeals
forthwith after the appeal prayed.

Hooper v. B. & Y. Turnpike Road. 34 Md. 521 Mince v. Tucker, 37 Md.

362. Meloy v. Squires, 42 Md. 378. Ewell v. Taylor, 45 Md. 573. Willis
Jones, 57 Md. 363. Downes v. Friel, 57 Md. 531.

Rule 11.

32. In making up the transcript of the record of equity pro-
ceedings to be transmitted to the court of appeals, it shall be the

duty of the clerk of the court from which the appeal may be
taken, to omit therefrom the formal heading and commencement

of the record, stating only the titling of the cause, and the time
of the commencement of the proceeding; he shall also omit all
subpoenas and other process for appearance of parties, if parties
have appeared; all orders and certificates of publication, stating
in lieu thereof the date of such order, the period of publication
required, how published, and the time fixed for appearance of
parties thereunder; all orders to take testimony, and the formal
returns thereto, stating in lieu thereof the fact and time of pass-
ing such orders, and the time of the returning of such testi-
mony ; all entries of continuances; all injunction bonds, receivers'
bonds, trustees' bonds, appeal bonds, and affidavits filed on
appeai; 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 appeai, 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