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The Maryland Code Public General Laws, 1904
Volume 393, Page 237   View pdf image (33K)
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ART. 5] APPEAL BONDS. 237

an appeal from any such judgment or decree, or suing out a.
writ of error upon any such judgment, enter into bond with
sufficient securities in at least double the sum recovered by such
judgment or decree, or in double the value of the matter or
thing in controversy, which shall have been recovered or decreed,
if a movable chattel or chattels, to be estimated by the court
from whose judgment or decree the said appeal shall be made
or writ of error directed, with condition as follows or to the fol-
lowing effect: That if the said party appellant, or party suing
out such writ of error, shall not cause a transcript of the record
and proceedings of the said judgment or decree to be trans-
mitted to the court of appeals within the time required by law,
and prosecute the said appeal or writ of error with effect, and
also satisfy and pay to the said party in whose favor such judg-
ment or decree was rendered or passed, his executors, adminis-
trators or assigns, in case the said judgment or decree shall be
affirmed, as well the debt, damages and costs, or the damages
or sum of money or other matter or thing, and costs, adjudged
in the court from which the appeal is taken, or writ of error
sued out, as also all damages and costs that may be awarded,
by the court of appeals, then the said bond to be and remain
in full force and virtue, otherwise of no effect.

Johnson v. Goldsborough, 1 H. & J. 499. Beatty v. Chapline, 2 H. & J. 7.
Karthaus v. Owings, 6 H. & J. 138. Thompson v. McKim, 6 H. & J 302
Smith v. Dorsey, 6 H. & J. 261. Wood v. Fulton, 2 H. & G 71 Ringgold's.
Case, 1 Bland, 5. McKim v. Odom, 3 Bland, 413. McKim v. Mason, 3 Md.
Ch Dec. 213 Ohio Life Ins. & T. Co. v. Winn, 4 Md. Ch Dec 270 Brewer
v. Smith, 3 Gill, 300. Price v. Thomas, 4 Md. 514. Tucker v. State, 11 Md.
322. Lovejoy v. Irelan, 17 Md. 525. M & C. G. v. B. & O. R. R Co, 21 Md.
52. Fullerton v Miller, 22 Md. 1. Mottu v. Primrose, 23 Md. 483. Eakle
v Smith, 24 Md. 339 Jenkins v. Hay, 28 Md. 547. Barnum v. Barnum, 42
Md. 251. Knell v. Briscoe, 49 Md. 414. Harris v. Regester, 70 Md. 109.
Brendell v. Zion Church, 71 Md. 85

1888, art 5, sec. 52. 1860, art 5, sec. 32. 1826, ch. 200, secs. 3, 4, 5

1864, ch. 322.

54. The clerk or judge of any court of law or equity shall
approve any bond under the preceding section, but no appeal
bond in any case shall be approved, and no execution upon any
judgment, order or decree in any of the courts of law or equity,
shall be stayed or delayed by an appeal, unless the person
against whom such judgment, order or decree has been recov-
ered or passed, his heirs, executors or administrators, shall
upon praying such appeal, file in the case an affidavit that said
appeal is not taken for delay.

Nutwell v. Nutwell, 47 Md. 47. Rau v. Bennis, 49 Md. 316. Meloy v.
Squires, 39 Md. 175. Meloy v. Squires, 42 Md. 378.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 237   View pdf image (33K)
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