25. Upon judgment in Court of Appeals; how 26. Sheriff of Baltimore city. issued and returned. SCIRE FACIAS. 27. Issue and return of sci. fa. against heirs 29. Sci. fa. against heirs, etc., may be sent or terre tenants in different counties. 28. In Baltimore city. where defendant in original judgment resided, or where land to be affected lies. ACTION IN THE COURT OF APPEALS. 30. How long action may continue. ABATEMENT IN THE COURT OF APPEALS. 31. Death of party to appeal pending in Court of Appeals. 32. Death of plaintiff before term to which appeal returnable. 33. Death of party when case under rule argument; suggestion of death. 34. Death of parties after appeal taken before judgment and no suggestion of death by executor; execution against executor. APPEALS IN CASES OF FORFEITURE OF CHARTER. 35. Forfeiture of charter under incorporation acts. APPEALS IN CRIMINAL CASES. 37. When allowed. 38. When court to remit record in criminal cases; deduction from term of sentence. PROVISIONS RELATING TO APPEALS FROM COURTS OF LAW AND EQUITY. Art. 5, s. 1; Art. 18, s. 22. 1713, c. 4; 1729, 1. An appeal may be taken from a court of law or equity by ap c. 3; 1811, c. 171; plication to the clerk; from the Orphans' Court by application to 1818, c. 204, s. 1; the register; from the commissioner of the Land Office by applica 2,6; 1852, c. 239. tion to the commissioner; from the county commissioners by appli-, s. 13; 1853, c. cation to their clerk, and from a justice of the peace by an applica 1826, c. 200, ss. s. 3; 1853, c. 220, From what taken, and how. tion to the justice; or by filing a petition with the clerk of the court 415, s. 4. to which the appeal is made; and upon such application, if made courts appeals within the time prescribed by law for taking such appeal, the clerk, 6. & J. 302. register, commissioner, or justice to whom the same is made shall 1 Bl. 5. enter a prayer of appeal upon his docket or minutes of proceedings, and transmit the papers or a transcript of the record as hereinafter Appeal in vacarequired; and the clerk of any court shall, upon application during the vacation of said court, enter an appeal from the judgment, order or decree of said court to the Court of Appeals. APPEALS AND WRITS OF ERROR FROM COURTS OF LAW. in of 2. From any judgment or determination of any court of law any civil suit or action, or in any prosecution for the recovery of any penalty, fine or damages, any party may appeal to the Court Appeals; and any party to a writ of mandamus may appeal; and writs of error may be allowed in civil or criminal cases. 3. Formal writs of error shall, in all cases, be dispensed with, and the party applying to have the record removed, as upon writ of error, in cases where, by law, writs of error are allowable, shall, by brief petition, addressed to the court in which the case was tried, plainly designate the points or questions of law by the decision of which he feels aggrieved; which application so to remove the record shall be allowed as of right; and no point or question not thus plainly designated in such application shall be heard or determined by the Court of Appeals. 4. All appeals or writs of error allowed from any judgment or determination of a court of law, to the Court of Appeals of this State, other than from decisions on questions arising under the insolvent laws, shall be taken within nine months from the date of such judgment or determination, and not afterwards (except writs of error coram vobis, where judgments have been entered by mistake); and the transcript of the record shall be transmitted to the Court of Appeals within six months from the time of the appeal taken, or writ of error allowed. tion. Art. 5, ss. 3-4. Rules of Court 1865, c. 91. appeal under 20 Md. 421; 22 5. Any person interested may appeal from the decision of the court on any question arising under the insolvent laws; provided, such appeal be entered within thirty days, and a transcript of the record be transmitted to the Court of Appeals within sixty days insolvent laws. from the date of the decision appealed from; and provided also, that Md. 373; 30 Md. the execution or effect of any judgment, decree, decision, or order 128. so appealed from, shall not be suspended or stayed, unless a bond Bond. shall be given, in such penalty and condition and with such security as the court may prescribe and approve. 1849, c. 88, s. 4. insolvent laws. 6. The court from whose judgment or order under the insolvent Art. 5, s. 13. laws an appeal shall be taken, shall, immediately upon the entry of Appeal under such appeal, certify and state the questions in and decided by such 20 Md. 378; 23 court; and no question which shall not appear by such certificate M. 231; 32 Md. 552. Rules of Court of Appeals, No. 4. Art. 5, s. 12. 1862, c. 154. What decided by Court of Appeals. 22 Md. 85, 159: 25 Md. 19, 484; 26 to have been raised in said court shall be considered by the Court of Appeals. 7. In no case shall the Court of Appeals decide any point or question which does not plainly appear by the record to have been 1825, c. 117, s. 1; tried and decided by the court below; and no instruction actually given shall be deemed to be defective by reason of any assumption therein of any fact by the said court or because of a question of law having been thereby submitted to the jury; unless it appear, from the record, that an objection thereto for such defect was taken at the trial; nor shall any question arise in the Court of Appeals as to the insufficiency of evidence to support any instruction actually granted, unless it appear that such question was distinctly made to and decided by the court below. Md. 222; 27 Md. 115, 211, 604; 28 Md. 115, 191, 465; 29 Md. 361; 30 Md. 6, 224, 284, 294, 402, 489, 585. 31 Md. 229, 294; 32 Md. 52, 196, 354; 34 Md. 182, 299. 492, 521; 35 Md. 361; 36 Md. Const. art. 4, s. 15. 1, 62, 154, 246; 37 Md. 369, 410; 39 Md. 116, 356; 41 Md. 24, 268, 297; 43 Md. 226, 267. 8. 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 inAppeals at first junctions, dissolving or refusing to dissolve the same, appointing a What cases to stand for hearing in Court of term after record trans- receiver, ratifying or refusing to ratify a trustee's sale, and all appeals from decisions of the Orphans' Court, and from any judg ments or motions to set aside sales, or apply money in the hands of the sheriff, and all appeals from decisions on matters of law, made by the courts of Baltimore city, in relation to the streets in said city, shall stand for hearing at the first term after the transmission of the record; provided, that from every final judgment or order granting or refusing a peremptory mandamus in any case hereafter brought, involving the title or 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 judgment or order, to the Court of Appeals, and said court shall immediately hear and determine the case. 9. All cases where the State is interested shall stand for hearing at the first term after the transmission of the record. 10. In cases of issues sent from the Orphans' Court or a court of equity to a court of law to be tried, exceptions may be taken to any opinion given by the court before whom such issues shall be tried, and an appeal taken on such exceptions; and such appeal, while pending, shall stay all proceedings in the Orphans' Court touching the matter of such issues. 11. Bills of exceptions shall be so prepared as only to present to the Court of Appeals the rulings of the court below upon some matter of law, and shall contain only such statement of facts as may be necessary to explain the bearing of the rulings upon the issues or questions involved; and, if the facts are undisputed, they shall be stated as facts, and not the evidence from which they are deduced; and if disputed, 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 exceptions. And it shall be the duty of the judges in the courts below to require exceptions to be prepared in accordance with this rule. Documentary 12. In no bill of exception shall any patent, deed, will, or other Rules of Court of Appeals, documentary evidence, be inserted at length, but shall only be stated No. 6. briefly, according to its import and effect, unless the nature of the evidence, how question raised and decided render it necessary that it should be set out. inserted in extenso; nor shall any document 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 prepared 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 to have been set out in full by the Appellate Court. records, how 13. In making up the transcripts of records transmitted to the Rules of Court of Appeals, Court of Appeals, the clerks of the courts below shall omit from No.7. such transcripts the formal heading and commencement of the Transcripts of record, stating only the titling of the cause, and the time of the made up. commencement of the suit or proceedings; they shall also omit all writs, or original process for appearance, where the party has appeared; all entries of continuances and imparlances; all entries of motions and rules to declare or plead; all entries of applications for continuances, for commissions, or for warrants of resurvey, and the affidavits in support thereof, together with the rulings of the court on such applications; all entries of motions or rules of security for costs, together with the proceedings and rulings thereon; all entries of impanelling, swearing, and names of jurors, and all other mere incidental motions and rules, made in the progress of the cause; all pleadings withdrawn, waived, or superseded by amendment; all commissions to take testimony and the formal returns thereto, and all warrants of resurvey, the clerk stating the time of issue and return of such warrant; all replevin, retorno habendo, and appeal bonds, and affidavits filed on taking appeals; all formal entries of motions for new trials, and the rulings thereon, together with the affidavits and other evidence used on such motions, the clerk stating in lieu thereof the fact of such motion being made, and how disposed of by the court, unless, where any of the foregoing matters or proceedings may be used as evidence in the cause, or where some question may arise in regard thereto, reviewable by the Court of Appeals, then so much only of any such matter or proceeding as may be used in evidence, or as appertain to the decision or determination desired to be reviewed, shall be incorporated in the transcript, and no more; the intent being to avoid incorporating in the trans |