ART. 5.] APPEALS FROM COURTS OF EQUITY. 29
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.
Rule 12.
33. 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 ques-
tion arises upon the construction or validity thereof; and tran-
scripts of records in equity causes shall be prepared in accord-
ance 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 deemed proper or not, by the court of
appeals, to have been set ont in full.
P. G. L. (1860,) art. 5, sec. 26. 1832, ch. 302, sec. 5. 1861, ch. 33.
34. 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
account stated and reported in said cause, shall be made in the
court of appeals, unless it shall appear by the record that such
objection was made by exceptions, filed in the court from which
such appeal shall have been taken.
Ringgold v. Ringgold, 1 H. & G. 13. Buchanan v. Deshon, 1 H. & G. 280.
Oehler v. Walker, 2 H. & G. 323. Maccubbin v. Cromwell, 2 H. & G. 443.
Wells v. Beall, 2 G. & J. 458. Diffendcrfer v. Winder, 3 G. & J. 311. Evans,
v. Iglehart, 6 G. & J. 171. Lyles v. Hatton, 6 G. & J. 122. Boteler v. Brooke,
T G. & J. 143. Boteler v. Beall, 7 G. & J. 389. Union Bank v. Cochran, 7 G.
& J. 138. Callis v. Ridout, 7 G. & J. 7. Berrett v. Oliver, 7 G. & J. 191.
Nesbitt v. Dallam, 7 G. & J. 494. Miller v. Allison, 8 G. & J. 35. Caldwell v.
Boyer, 8 G. & J. 136. Clagett v. Hall, 9 G. & J. 80. Key v. Knott, 9 G. & J.
342. Fitzhugh v. McPherson, 9 G. & J. 51. Hardesty v. Jones, 10 G. & J.
414. Oliver v. Palmer, 11 G. & J. 427. Gardmer v. Hardy, 12 G. & J. 380.
Ringgold's Case, 1 Bland, 5. Binney's Case, 1 Bland, 99. Berry v. Pierson, 1
Gill, 234. Cross v. Cohen, 3 Gill, 269. Dugan v. Gittings, 3 Gill, 138. Sindall
v. Campbell, 7 Gill, 70. Thomas v. Doub, 1 Md. 327. Eyler v. Crabbs, 2 Md.
137. Trump v. Baltzell, 3 Md. 295. Ware v. Richardson, 3 Md. 505. Young.
. Mackall, 4 Md. 369. Gibbs t. Gale, 7 Md. 87. Long v. Long, 9 Md. 356.
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