140

APPEALS AND EEBOES.

[ART. 5

ARTICLE V.

APPEALS AND ERRORS.

Appeals from Courts of Law.	severable item, a new trial may
2. Any party to civil suit or prosecu-	be ordered as to that item only.
tion for fine, etc., may appeal ;
joinder of co-plaintiffs or co-de-	Execution.
fendants not necessary.	71A. Judgments of Court of Appeals;
9A. A prayer to raise the question of	when and where to be a lien.
a variance between the plead-
ings and evidence must state	Appeals from Justices of the Peace.
such variance specifically.	88. Justice to enter appeal and trans-
22A. Where the Court of Appeals finds	mit papers to court.
that reversible error affects a

Appeals from Courts of Law.

1904, art. 5, sec. 2. 1888, art. 5, sec. 2. 1860, art. 5, sec. 3. 1713, ch. 4.
1785, ch. 87, sec. 6. 1914, ch. 433.

2. From any judgment or determination of any court of law in any
civil suit or action or in any prosecution for the recovery of any penalty
or fine or damages, any party may appeal to the Court of Appeals; and
such appeal may be taken with or without the assent or joinder of co-
plaintiffs or co-defendants in such appeal.*

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

9.

Since a particular defence to a recovery on a fire insurance policy was
not passed on by the lower court, it cannot be considered upon appeal.
German Fire Ins. Co. v. Clarke, 116 Md. 624. And see Mitchell v. State,
115 Md. 367.

Since no objection was made below to a granted prayer because it sub-
mitted to the jury a question of law, such objection can not be availed of
in the Court of Appeals. Cushwa v. Williamsport, 117 Md. 314.

If there is no special exception in the lower court to a granted prayer
on the ground of the insufficiency of the evidence to support it, the Court
of Appeals cannot consider such objection. Zell v. Dunaway, 115 Md. 4.

To the first note to this section under the heading "Jurisdiction" on page
136 of volume 1 of the Annotated Code, add the case of U. S. Express Co.
v. Hurlock, 120 Md. 111.

Questions as to the sufficiency of the pleadings must be raised by de-
murrer—article 75, section 91A.

See article 75, section 91.

As to the Court of Appeals, see article 4, section 14, et seq., of the Md. Con-
stitution.

*The act of 1914, ch. 433, is in effect September 1, 1914.