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The Maryland Code Public General Laws, 1904
Volume 393, Page 220   View pdf image (33K)
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220 APPEALS AND ERRORS. [ART. 5

pnted, it shall be sufficient to state that evidence was adduced
tending to prove them, instead of setting out the evidence in
detail; but if a defect of proof be the ground of the ruling or
exception, then the particulars in which the proof is supposed
to be defective shall be briefly stated, and all the evidence
offered in anywise connected with such supposed defect shall
be set out in the bill of exception; and it shall be the duty of
the judges in the courts below to require exceptions to be pre-
pared in accordance with this rule.

Ramsay v. Glass, 9 Gill, 56 Anderson v Garrett, 9 Gill, 121. Burtles v.
State, 4 Md. 278. Reynolds v. Negro Juliet, 14 Md. 118 Clements v
Mayor & C. C. of Balto., 16 Md. 208. McTavish v. Carroll, 17 Md. 22.
Hallowell v. Miller, 17 Md. 305. McCann v. B. & O R. R. Co., 20 Md. 202
Hartle v. Stahl, 27 Md. 174. C. C & I. Co v. McKaig, 27 Md. 267. Boyd v.
Cross, 35 Md 200. Davis v. State, 38 Md. 51. Blair v. Blair, 39 Md. 556.
Scarlett v Academy of Music, 43 Md 203. Blake v. Pitcher, 46 Md. 462.
Wilson v. Merryman, 48 Md. 341. B. & O. R. R Co. v. Mali, 66 Md. 57
Caledonia Ins. Co. v. Traub, 80 Md. 222.

1894, ch 33, sec. 10 A.

11. It shall not be necessary for the judge who signs a bill
of exceptions to affix his seal thereto.

1888, art. 5, sec. 11 1860, art. 5, sec. 2. Rule 6.

12. In no bill of exception shall any patent, deed, will or
other documentary evidence be inserted at length, but shall
only be stated briefly, according to its import and effect, unless
the nature of the question raised and decided render it neces-
sary that it should be inserted in extenso; nor shall any docu-
ment be more than once inserted at large in any transcript to
be sent to the court of appeals. And it shall be the duty of
the judges of the courts below to require exceptions to be pre-
pared in accordance with this rule. Either party, however,
shall have the right to have any or all of such documentary
proof inserted at length, it being stated in the exception 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 out in full.

Davis v. State, 38 Md. 51. Blake v Pitcher, 46 Md 462.

Ibid, sec 12. Rule 7

13. In making up the transcript of records to be transmitted
to the court or appeals, the clerks of the courts below shall
omit from such transcripts the formal heading and commence-


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 220   View pdf image (33K)
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