Appeals from Orphans' Courts. P. G. L., (1860,) art. 5, sec. 39. 1818, ch. 204, sec. 1. 58. From all decrees, orders, decisions and judgments made by the orphans' court, the party who may deem himself aggrieved by such decree, order, decision or judgment, may appeal to the court of appeals. Barroll v. Reading, 5 H. & J. 175. Raborg v. Hammond, 2 H. & G. 52. Sewell v. Sewell's Admr., 1 H. & J. 9. . Dallam, 7 G. & J. 494. Stevenson v. Shriver, 9 G. & J. 324. Mayhew v. Soper, 10 G. & J. 366. Offut v. Gott, 12 G. & J. 385. Compton v. Compton, 2 Gill, 241. Compton v. Barnes. 4 Gill, 57. Hebb v. Hebb, 5 Gill, 509. Pegg . Warford, 4 Md. 385. Warford v. Van Sickle, 4 Md. 397. Ex parte Shipley, 4 Md. 493. Parker v. Gwynn, 4 Md. 426. Plater v. Groome, 5 Md. 96. Trail v. Snouffer, 6 Md. 315. Falconer v. Regelier, 6 Md. 552. Hoffar v. Stonestreet, 6 Md. 303. Watkins v. Bevans, 6 Md. 489. Lefevre v. Lefevre, 6 Md. 472. Smith v. Smith's Admr., 7 Md. 55. Dorsey v. Warfield, 7 Md. 65. Lammott v. Maulsby, 8 Md. 5. Dorsey v. Dorsey, 10 Md. 471. Johnson v. Brannaman, 10 Md. 495. Edelen v. Edelen, 11 Md. 416. Porter's Exr. v. Timanus, 12 Md. 283. Hesson v. Hesson, 14 Md. 8. Cecil v. Harrington, 18 Md. 512. Cecil v. Cecil, 19 Md. 72. Crawford v. Blackburn, 19 Md. 41. Gephart v. Strong, 20 Md. 522. Price . Taylor, 21 Md. 357. Gunther v. State, 31 Md. 21. Redman v. Chance, 32 Md. 42. Magraw v. Munnikhuysen, 35 Md. 291. Dennison v. Dennison, 35 Md. 361. Worthington v. Herron, 39 Md. 145. Abbott . Golibart, 39 Md. 254. Jones v. Jones, 41 Md. 354. Woods v. Matchett, 47 Md. 390. Covey v. Charles, 49 Md. 314. Bantz v. Bantz, 52 Md. 686. Strite . Reiff, 55 Md. 92. Nally v. Long, 56 Md. 567. Johns v. Caldwell, 60 Md. 259. Forney v. Shriner, 60 Md. 419. Hignutt v. Cranor, 62 Md. 216. Brown *. Johns, 62 Md. 333. Ibid. sec. 40. 1798, ch. 101, sub-ch. 15, sec. 18. 59. If the decree, order, decision or judgment shall have been given or made on a summary proceeding, and on the testimony of witnesses, the party shall not be allowed to appeal, unless he shall immediately notify his intention and request that the testimony be reduced to writing, and in such case the depositions shall be at the cost of the party in the first instance reduced to writing. Cecil. Harrington, 18 Md. 510. Cecil v. Cecil, 19 Md. 73. Gephart v. Strong, 20 Md. 522. Cannon, Admr. v. Cook, 32 Md. 482. Rokes . Amazon Ins. Co., 51 Md. 519. Bowling v. Estep, 56 Md. 564. Biddison v. Moseley, 57 Md. 89. Cox v. Chalk, 57 Md. 569, Rule 13. P. G. L., (1860,) art. 5, sec. 41. sub-ch. 15, sec. 18. 1798, ch. 101, sub-ch. 2, sec. 11, 1842, ch. 27. 60. All appeals allowed from orders or decrees of the orphans' court to the court of appeals, shall be taken and entered within thirty days after such order or decree appealed from; and the register of wills shall make out and transmit to the court of appeals, under his hand and the seal of his office, a transcript of the record of proceedings in such case, within thirty days after the appeal prayed; but in such transcript no paper or proceeding, not necessary to the determination of the appeal, shall be incorporated Schwallenberg v. Jennings, 43 Md. 554. Ibid. sec. 42. 1798, ch. 101, sub-ch. 2, sec. 11. 1798, ch. 102, sub-ch. 15, sec. 18. 61. The court of appeals shall either affirm the decree, judgment, decision or order of the court below, or direct in what manner it shall be changed or amended; and the decision of the court of appeals shall be final and conclusive, and when certified under the seal of the court and transmitted to the orphans' court, the orphans' court shall proceed according to the tenor and directions thereof. Offutt v. Gott, 12 G. &. J. 386. Bowling v. Lamar, 1 Gill, 358. Stewart v. Pattison, 8 Gill, 46. Levering v. Levering, 64 Md. 399. Ibid. sec. 43. 1798, ch. 101, sub-ch. 15, sec. 19. 62. An appeal from the orphans' court shall not stay any proceedings therein which may with propriety be carried on before the appeal is decided, if the said orphans' court can provide for the conforming to the decision of the court of appeals, whether the said decision may eventually be for or against the appellant. Offutt v. Gott, 12 G. & J. 386. State v. Williams, 9 Gill, 172. Thomas . Knighton, 23 Md. 318. Bruscup, Admr. v. Taylor, 26 Md. 410. Jones, Admx., v. Jones, 41 Md. 354. Biddison v. Story, 57 Md. 96. Ibid. sec. 44. 1818, ch. 204, sec. 2. 63. If upon an appeal being entered in the orphans' court, the parties shall mutually agree, and enter their assent in writing, to be filed by the register of wills, that the appeal shall be made to the circuit court for the county, or superior court of Baltimore city, the orphans' court shall direct the transcript of the proceedings to be transmitted to the circuit court, or superior court of Baltimore city, whose decision shall be final. State v. McCarty, 64 Md. 253. P. G. L., (1860,) art. 5, sec. 45. 1836, ch. 289, sec. 1. 64. It shall be the duty of the clerk or register transmitting a record to the court of appeals, to mark upon the record the amount of the costs taxed against the plaintiff and defendant, respectively, to the time of the appeal. Costs. P. G. L., (1860,) art. 29, sec. 42. 65. In appeals from the courts of equity and orphans' courts, the awarding of costs shall be in the discretion of the court of appeals. Haffner v. Dickson, 2 H. & J. 46. Worthington . Bicknell, 2 H. & J. 58. Hoffman. Baker, 2 H. & J. 486. Dorsey v. Smith, 7 H. & J. 345. Ringgold v. Ringgold, 1 H. & G. 13. Clagett v. Salmon, 5 G. & J. 314. Hatton v. Weems, 12 G. & J. 85. Waring's Admr. v. Edmonds, 11 Md. 433. Calvert v. Carter, 18 Md. 75. Sellers v. Zimmerman, 21 Md. 355. Mears. Moulton, 30 Md. 145. Hamilton e. Schwehr, 34 Md. 107. Appeals in Cases of Forfeiture of Charter. Rule 22. 66. The appeal allowed by section 263 of article 23, shall be taken within thirty days from the date of the judgment or determination of the court appealed from; and the transcript of the record shall be transmitted to this court within thirty days from the day of the appeal entered. Rule 23. 67. The appellant or appellants, if the defendant or defendants in the cause, upon praying such appeal, in order to stay the execution or enforcement of the judgment appealed from, shall tender and file in the cause an appeal bond, in such form and with such sureties as may be approved by the court; the penalty in such bond not to exceed, in any case, the sum of ten thousand dollars. Execution. P. G. L., (1860,) art. 29, sec. 32. 1806, ch. 90, sec. 3. 1888, ch. 509. 68. A writ of fieri facias or attachment may be issued upon any judgment of the court of appeals directed to the sheriff of the county in which the original judgment appealed from was rendered and returnable to the circuit court for such county; and at the same time such writ may also be issued by leave of the court upon good cause shown, and upon such terms as the court shall prescribe, directed to the sheriff of any other county or counties in the State, and returnable to the circuit court for such county or counties; and there shall be sent with each writ a short copy of the judgment; and each of the said writs shall be proceeded in and renewed as if it had issued from the circuit court. to which it is returnable. Ibid. sec. 33. 1806, ch. 90, sec. 3. 1888, ch. 509. 69. Either of the writs mentioned in the preceding section may be directed to the sheriff of the city of Baltimore, and if so directed it shall be made returnable to the court from which the appeal was taken, and the same proceedings shall be had as provided in the preceding section. Ibid. sec. 34. 1812, ch. 145, sec. 2. 70. In case a scire facias shall be issued out of the court of appeals against heirs or terre tenants, and one or more of the heirs or terre tenants shall reside in different counties, the scire facias shall be directed to the sheriff of the proper county, and returned by him to the circuit court thereof, and duplicates of said scire facias shall be issued and directed to the sheriff of each county wherein an heir or terre tenant resides—which duplicates shall be returnable to the circuit court for the county to which the original scire facias is returnable-and the court to which the same are returnable, shall proceed therein in the same manner as if said writs had issued from such court. Ibid sec. 35. 1812, ch. 145, sec. 2. 71. If the scire facias against heirs or terre tenants be sent to the city of Baltimore, it and its duplicates shall be returnable to the superior court, and the same proceedings shall be had in all respects as if the same had been returned to a circuit court for a county. P. G. L., (1860,) art. 29, sec. 36. 1812, ch. 145, sec. 2. 72. Any scire facias against heirs or terre tenants, from the court of appeals, may be sent to the county or city where the defendant in the original judgment resided, or to the county or city where the land to be affected by such writ lies. Abatement in the P. G. L., (1860,) art. 2, sec. 9. Court of Appeals. 1815, ch. 149. 1888, ch. 42. 73. No case in which an appeal has been prayed or writ of error applied for, whether the record shall have been transmitted to the court of appeals or not, shall abate by the death of either of the parties to such appeal or writ of error if the heir, executor or other proper party to be made a party shall make the necessary suggestion, and appear to such appeal or writ of error for the purpose of prosecuting or defending the same; and if the heir, executor or other proper party to be made a party shall fail to make such suggestion and appear to such appeal or writ of error within twenty days after the beginning of the term to which the appeal or writ of error is taken, it shall be competent for the other party to such appeal or writ of error to make such suggestion, and thereupon process shall immediately issue to the party named in said suggestion to appear by a day to be therein named, and be made a party to such appeal or writ of error. Roche. Johnson, 2 H. & J. 37, note (a). Owings v. Owings, 3 G. & J. 1. Turner v. Walker, 3 G. & J. 377. Hanney v. Murray, 9 G. & J. 157. Coombs. . Jordan, 3 Bl. 327. Carroll v. Bowie, 7 Gill, 37. Trail v. Snouffer, 6 Md., 314. Harryman e. Harryman, 49 Md. 67. Clark v. Carroll, 59 Md. 181. Ibid. sec. 10. 1815, ch. 149. 74. When the plaintiff in an appeal or writ of error dies. before the term to which such an appeal or writ of error is returnable, the heir, executor or other proper person to be made a party, may appear in the court of appeals and suggest the death of the plaintiff, and appear to such appeal or writ of error for the purpose of prosecuting the same. Booze. Humbird, 27 Md. 1. Young . Citizens' Bank of Balto., 31 Md. 66. Thomas v. Thomas, 57 Md. 504. Hopper o. Jones, 64 Md. 578. |