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The Maryland Code Public General Laws, 1904
Volume 393, Page 234   View pdf image (33K)
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234 APPEALS AND ERRORS. [ART. 5

1888, art. 5, sec. 41. Rule 18.

43. Whenever a case has before been in the court of appeals,
there shall be copied into the transcript, upon any subsequent
appeal, only the proceedings occurring in the court below sub-
sequent to the former appeal.

Ibid. sec. 42. 1860, art. 5, sec. 10. 1865, ch. 141. 1870, ch. 263.

44. All appeals in cases of mandamus or questions arising
under the. insolvent laws, on exceptions taken on the trials of
issues sent from the orphans' courts or courts of, equity, orders
granting injunctions, dissolving or refusing to dissolve the same,
appointing a receiver, ratifying or refusing to ratify a trustee's
sale, and all appeals from decisions of the orphans' court, and
from any judgment or motion to set aside sales, or apply money
in the hands of the sheriff, and all appeals, from decisions or
matters of law, made by the courts of Baltimore city, in relation
to the streets in said city, shall stand for special hearing at the
first term after the transmission of the record; and from every
final judgment or order granting or refusing a peremptory
mandamus in any case hereafter brought, involving the titie on
right to a public office, either party shall have a right to appeal
within twenty days; and on such appeal, the clerk of the court
shall forthwith transmit the original papers, including the judg-
ment or order, to the court of appeals, and said court shall
immediately hear and determine the case.

Creager v. Hooper, 83 Md. 500.

Ibid, sec 43 1860, art 5, sec. 11. 1831, ch. 68, sec. 4

45. All cases where the State is interested shall stand for
special hearing at the first term after the transmission of the
record.

Ibid. sec. 44. 1860, art. 29, sec 30 1853, ch. 68, sec. 2.

46. Every application for a writ of diminution shall contain
a specification in writing of the parts of the records or proceed-
ings requisite to be supplied, which shall also be incorporated
in the writ of diminution, for the guidance of the inferior court.

Schwallenberg v. Jennings, 43 Md. 554.

Ibid. sec. 45 1860, art. 29, sec. 31. 1853, ch 68, sec. 3.
47. The issuing of a writ of diminution shall not delay the
hearing in the court of appeals of any cause, if the return
thereto be made before the said cause shall be called for hear-
ing, unless for good cause shown.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 234   View pdf image (33K)
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