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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 16   View pdf image (33K)
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16

APPEALS. [ART. 5.

Within what
time appeal to
be taken
Provisos.

ants in such appeal ; provided, 'that if the court of
appeals shall affirm the judgment of the court
below, they shall not award costs of the appeal
against any one except the person or persons that
shall have appealed ; provided, such appeal be taken
within nine months from the time of making such
decree or order, and not afterwards, unless it shall
be alleged on oath that such order was obtained by
fraud or mistake.

In force from February 19, 1864.
1861, c. 33 repeals section 26 and enacts as follows :

1861, c. 33.
What may be
reviewed on ap-
peal.

26. On an appeal from a court of equity, no
objection to the competency of a witness, or the
admissibility of evidence, or to the sufficiency of
the averments of the bill or petition, or to any
account stated and reported in said cause, shall be
made in the court of appeals, unless it shall appear
by the record that such objection has been made
by exceptions, filed in the court from which such
appeal shall bare been taken.

In force from June 10, 1861.

PROVISIONS RELATING TO APPEALS FROM COURTS OF LAW OR

EQUITY.

1864, c. 322 amends sections 30 and 32, as follows:

1864, c. 322.
Dismissal of
appeals.

30. No appeals shall be dismissed because a copy
of the record shall not have been transmitted within
the time required by law, if it shall appear to the
court of appeals, that such delay was occasioned by
the 'neglect or omission of the clerk, but if the clerk
shall have prepared the records as required by law,
and the appellant or plaintiff in error shall have
neglected or omitted to pay for such record or by
any other neglect or omission on the part of the
appellant or plaintiff in error, the said record shall
not be sent to the court of appeals within nine



 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 16   View pdf image (33K)
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