248 APPEALS AND ERRORS. [ART. 5

486. Mears v. Remare, 33 Md. 250. Herzberg v. Adams, 39 Md. 309. Randle
v Sutton, 43 Md 67. Cole v. Hynes, 46 Md. 181 Zitzer v. Jones, 48 Md.
116. Rayner v. State, 52 Md. 368. Judeford v State, 78 Md 511. Weed v.
Lewis, 80 Md 128 Main v Fessler, 89 Md. 470.

1888, art. 5, sec 84. 1860, art. 5, sec 51. 1834, ch. 105, sec. 1.

87. If either party die after the rendition of a judgment by
a justice of the peace, his executor or administrator may appeal
within sixty days after the rendition of the judgment.

Ibid. sec. 85. 1860, art. 5, sec. 52. 1852, ch 239, sec. 3

88. On the party signifying his intention to appeal, it shall
be the duty of the justice of the peace to enter the appeal, with
the date thereof, upon his docket, and to transmit the papers
in the cause to the clerk of the circuit court, or the clerk of the
Baltimore city court.

Ibid sec. 86. 1860, art 5, sec. 53. 1852, ch. 239, sec. 3.

89. All appeals shall be docketed, and summons for the
appellee issued by the clerk of the circuit court or Baltimore
city court, immediately upon the filing the papers in his office,
and no petition shall be necessary in any case.

Ibid, sec 87. 1860, art. 5, sec. 54 1852, ch 239, sec 3. 1904, ch. 662

90. If the summons shall be returned "summoned," and the
papers shall have been filed ten days previous to the com-
mencement of the then next term of the court, the case shall
stand for trial at the first term, but if the papers are not filed
within that time the case shall not stand for trial until the
second term, and if, when said case is called for trial, the appel-
lant is not ready to prosecute his appeal, the court, instead of
hearing said case de novo, shall affirm the judgment of the
justice of the peace, with costs against the appellant, and if
there be cross appeals, the court shall affirm the judgment of
the magistrate, as against the defendant side of the case below
where the defendant appealed, and is not in court ready for
trial when said appeal is called for hearing; provided, the party
appealing shall dismiss his appeal, and if he does not, the court
shall proceed to hear said cross appeals de novo.

Ibid. sec. 88 1860, art 5, sec 55. 1852, ch. 76, sec. 3. 1652, ch. 336.
91. If two summonses be returned non est, or one summons
be returned served, the court may hear and determine the case
ex parte.

Mears v. Remare, 33 Md. 246. Ibid. 34 Md. 333.