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The Maryland Code Public General Laws, 1904
Volume 393, Page 229   View pdf image (33K)
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ART. 5] APPEALS FROM COURTS OF EQUITY—RECORD. 229

Ibid. sec. 31. Rule 10.

33. 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 31, 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, 46 Md. 573. Willis v.
Jones, 57 Md. 363. Downes v. Friel, 57 Md. 531. Harris v. Regester, 70
Md. 109.

1888, art. 5, sec. 32. Rule 11.

34. 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 commence-
ment 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 publi-
cation, 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 passing such orders, and the time of the
returning of such testimony; all entries of continuances; all
injunction bonds, receivers' bonds, trustees' bonds, appeal bonds,
and affidavits filed on appeal; all proceedings in the cause sub-
sequent 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.

Sentman v. Gamble, 69 Md. 304. Young v. Omohundro, 69 Md. 428.

Ibid sec. 33. Rule 12.

35. Whenever deeds, records or other documentary evidence
are used in any equity cause, the purport and substance only


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 229   View pdf image (33K)
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