cript any matter or thing not material to the full and fair presentation of the questions to be reviewed by the Appellate Court. Art. 5, s. 14. 1800, c. 69, s. 1. Judgment on reversal. JUDGMENTS. 14. The Court of Appeals shall have, on reversing any judgment, or part of a judgment at law, power to give such judgment as ought 22 Md. 187, 249; to have been given by the court below, and may, in all cases, enforce their judgment by execution. 45 Md. 97. 1878, c. 61. Court of Appeals to award costs on judg ment. 21 Md. 355; 37 Md. 620. Execution. Art. 29, s. 37. 15. Upon the reversal or affirmance of the judgment of a court of law the Court of Appeals shall award the costs which may have accrued in the court below, and in the Court of Appeals in such manner as to the said court seems right and proper, and shall give judgment for the same, and may enforce such judgment by execution. 16. If the court shall be of opinion that there appears to be 1809, c. 153, s. 2. sufficient matter of substance on any appeal or writ of error to en Judgment not to be reversed for want of form. 4 Md. 430; What entries Rules of Court able them to proceed thereon, the same shall not be reversed or dismissed for want of form, and the court may permit any entry to be made by either party during the pendency of the appeal, which might have been made by such party after verdict in the court below; nor shall any judgment or verdict be reversed, if there be one good count in the declaration. good count in declaration. 17. All proceedings in the nature of writs of error wherein there shall be any variance from the record, or other defect, may be 1809, c. 153, s. 2. amended and made agreeable to such record. No. 1. Id. s. 38. Writ of error may be amended. Id. s. 39. 1811, c. 161, s. 3. Plaintiff may release excess of judgment. 26 Md. 8. 3 H. & J. 543. Id. s. 40. 18. No judgment shall be reversed in the Court of Appeals, because the verdict was rendered for a larger sum than the amount laid in the declaration, but the plaintiff below or his legal represen tative may amend the record by entering a release of the excess above the sum laid in the declaration. 19. If any entry or amendments which the Court of Appeals 1811, c. 161, s. 4. may permit, would require an alteration of the judgment from which the appeal is taken, the court may, on deciding the appeal, give such judgment as the entry or amendment may require. Judgment to conform to entry or amendment. 32 Md. 54. Art. 5, s. 15 (as modified by rule). 1790, c. 42, s. 1. Judgment on exceptions. Rules of Court of Appeals, No. 8. 1790, c. 42, s. 1; 1826, c. 200, s. 10; 1830, c. 186, s. 1; 1849, c. 88, s. 1. New trial. Md. 383; 25 Md. 29 Md. 50, 512; 20. If an appeal shall be taken or writ of error allowed for seve ral exceptions, the Court of Appeals shall give judgment on every exception, if a new trial is to be awarded. 21. In all cases where judgments shall be reversed or affirmed by the Court of Appeals, and it shall appear to the court that a new trial ought to be had, such new trial shall be awarded, and a certified copy of the opinion and judgment of the Court of Appeals shall be transmitted forthwith to the court from which the appeal was taken, to the end that said cause may be again tried as if it never had been tried; and no writ of procedendo, with transcript of record, shall be transmitted, as heretofore practiced. And the said cause shall stand for trial at the first term after the receipt of the certified 33 Md. 146; 37 copy of the opinion and judgment. Md. 249; 45 Md. 97. Rule 8. Removal of reversed cases. 22. When, on the reversal of a judgment, a new trial shall be Art. 5, s. 17. awarded, the Court of Appeals, upon suggestion in writing by either 1819, c. 149. of the parties, supported by affidavits or other proper evidence that a fair and impartial trial cannot be had in the court where the judg ment so reversed shall have been rendered, shall direct their clerk to transmit a certified copy of the opinion and judgment of the Court of Appeals to the clerk of the court of some other county or city, to the end that said cause may be again tried as if no trial had taken place and as if such action had been originally instituted in such court. 1831, c. 203. 23. If an appeal or writ of error be dismissed when taken on Art. 5. s. 18. any order of the court antecedent to final judgment, and no final Dismissal of apjudgment shall have been rendered, it shall be the duty of the Peor writ of said court, on application of any of the parties, to order continuances error. in said case to be entered, and the same to be proceeded with in the ISSUES ON WRITS OF CORAM VOBIS. 1806, c. 90, s. 5. Trial of issue of error coram vobis, pending appeal. fact in writs of 24. Where writs of error coram vobis are pending in the Court Art. 5, s. 19. of Appeals, and it shall appear to the court necessary to try any matter of fact put in issue by the pleadings in the case, the court may direct a transcript of the record to the court where the defendant named in the original action may reside, or to such other court as the parties in the said cause may agree upon, and the court to which such transcript shall be transmitted, shall proceed in such action, and to a trial of the facts put in issue. FIERI FACIAS OR ATTACHMENT. Art. 29, s. 32. Fifa, or attachjudgment. 1806, c. 90, s. 3. ment upon 25. 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 there shall be sent with said writ a short copy of the judgment, and the said writ shall be proceeded on and renewed as if it had issued from the returned. Circuit Court to which it is returnable. 26. Either of the writs mentioned in the last 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 said preceding section. How issued and Id. s. 33. 1806, c. 90, s. 3. to sheriff of and made re court from which appeal taken. SCIRE FACIAS. Art. 29, s. 34. 1812, c. 145, s. 2. of sci. fa. against heirs or terre tenants in different coun ties. 27. In case a scire facias shall be issued out of the Court of Issue and return 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 of 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. Id. s. 35. 1812, c. 145, s. 2. In Baltimore city. Id. s. 36. 1812, c. 145, s. 2. Sci. fa. against heirs, etc., may be sent where defendant in original judgment resided or where land to be affected lies. Art. 29, s. 28. 1721, c. 14, s. 2; 1802, c. 1, s. 2; 1844, c. 19. How long action may continue. 28. 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 of a county. 29. 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. CONTINUANCE OF ACTION IN THE COURT OF APPEALS. 30. No action in the Court of Appeals shall continue longer than the end of the fourth term after the same shall have been instituted, unless by consent of the parties. Art. 2, s. 9. Death of party of error pend ABATEMENT IN THE COURT OF APPEALS. 31. No case pending in the Court of Appeals shall abate by the 1815, c. 149, s. 6. death of either of the parties to such appeal or writ of error, if the heir, executor, or other proper person to be made a party shall, at the first or second term succeeding the death of such party, make the necessary suggestion, and appear to such appeal.or writ 3 G. & J. 1, 377. of error for the purpose of prosecuting or defending the same. to appeal or writ ing in Court of Appeals. 27 Md. 1, 4; 31 Md. 66. Id. s. 10. 1815, c. 149, s. 5. Death of plain tiff before term to which appeal or writ of error return able. 6 Md. 314. 9 G. & J. 157. Id. s. 11. 1806, c. 90, s. 11. Suggestion of 32. When the plaintiff in an appeal or writ of error dies before the term to which such 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. 33. When a case is under rule argument in the Court of Appeals, and a party shall die, having an attorney in court, the Court of Appeals shall give judgment to have the same effect as if the party were alive; provided, the heir, executor, or other proper person, may, if he thinks proper, suggest the death and become a party in the place of the person so dying. Death of par taken, before of death by ex no suggestion ecutor, etc. 34. In any cause in which one or more appellants or appellees, 1862, c. 167. plaintiffs or defendants, in error, shall have died, or shall die after ties after appeal appeal taken, or writ of error sued out, and before final judgment judgment and upon such appeal or writ of error in the Court of Appeals, and the executor of such party, or his administrator, shall have failed, or shall fail to appear in the Court of Appeals, and to suggest such death, and judgment has been or shall be given, as if the said party so deceased was alive, then, and in such event, it shall and may be lawful for any surviving party to such appeal or writ of error so adjudged as aforesaid, to suggest in the Court of Appeals the death of the said party to the said appeal, or writ of error, prior to the entering up of the judgment in the said court, and to show to the Court of Appeals who is the executor, or administrator of the deceased party, and in that event, it shall be competent for the said Court of Appeals to order execution to issue in the said cause, to Execution the same extent, and in the same manner, as if the said executor or tor, etc. administrator had suggested the death of the person so dying as aforesaid, and had appeared to prosecute or defend said writ of error or appeal. against execu APPEALS IN CASES OF FORFEITURE OF CHARTER. 42 Md. 1. 35. The appeal allowed by section 8 of article LXVII of this Rules of Court Code, subtitle Proceedings against Corporations, shall be taken of Appeals. Appeals alwithin thirty days from the date of the judgment or determination lowed. of the court appealed from; and the transcript of the record shall be transmitted to the Court of Appeals within thirty days from the day of the appeal entered. 36. The appellant or appellants, if the defendant or defendants Rules of Court of Appeals. in the cause, upon praying such appeal, in order to stay the execu- 42 Md. 1. tion or enforcement of the judgment appealed from, shall tender and file in the cause an appeal bond, in such form and with such Bond. 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. APPEALS IN CRIMINAL CASES. Exceptions to rulings in crim inal cases. 38 Md. 186; 39 Md. 434 42 Md. 570; 44 Md. 533; 45 Md. 101, 360, 455, 460; 37. In all trials upon any indictment or presentment in any 1872, c. 316. court of this State having criminal jurisdiction, it shall be lawful for any party accused, or for the State's attorney, in behalf of the State of Maryland, to except to any ruling or determination of the court, and to tender to the court a bill of exceptions, which shall be signed and sealed by the court, as is now practiced within this State 46 Md. 422. in civil cases; and the party tendering such bill of exceptions may appeal from such ruling or determination to the Court of Appeals; provided, that the counsel for the accused shall make oath that such Proviso. appeal is not taken for delay; and such appeal shall be heard by the Court of Appeals at the earliest convenient day after the same shall have been transmitted to the said court; and after such 1878, c. 40. When court to criminal case. appeal shall be entered, no judgment shall be rendered against the accused, in case he shall be found guilty, until the Court of Appeals shall have determined upon the exception, and remanded the case to the court below. 38. Whenever any writ of error or appeal shall be brought upon remit record in any judgment, or any indictment, information, presentment, inquisition, or conviction in any criminal case, and the Court of Appeals shall reverse the judgment for error in the judgment, or sentence itself, it shall be the duty of the Court of Appeals to remit the record to the court below, in order that such court may pronounce the proper judgment upon such indictment, information, presentment, inquisition, or conviction; provided, however, that it shall be the duty of the court in passing any sentence under the provisions What deduction of this section to deduct from the term of sentence the time already served by the prisoner under the previous sentence from the date of his conviction. to be made from term of sentence. 1864, c. 156. Who may ap peal. 21 Md. 44; 22 Md. 196; 24 Md. 1; 26 Md. 83; 27 Md. 242, 258; 28 Md. 67; 29 Md. 18, 298; 30 Md. 489 31 Md. 476, APPEALS FROM COURTS OF EQUITY. 39. An appeal shall be allowed from any final decree, or order in the nature of a final decree, passed by a court of equity, by any 210, 263, 271, 422, one or more of the persons parties to the suit, with or without the 485 32 Md. 253'; assent or joinder of co-complainants or co-defendants in such appeal; Md. 672 35 Md. provided, that if the Court of Appeals shall affirm the decree or 496; 36 Md. 238; order of the court below, they shall not award costs of the appeal against any one except the person or persons that shall have appealed. 33 Md. 60: 34 39 Md. 429; 41 Md. 539 44 Md. 389; 45 Md. 632. Rules of Court time appeal to 40. All appeals allowed from decrees or orders of courts of equity shall be taken and entered within nine months from the date of the decree or order appealed from, and not afterwards; unless it shall be alleged on oath that such decree or order was obtained by Md. 672; 36 Md. fraud or mistake, in which case the appeal shall be entered within two months from the time of the discovery of the fraud or mistake, and not afterwards. 20 Md. 420; 34 243; 41 Md. 486; 42 Md. 381. Art. 5, s. 21. 1835, c. 346, s. 2; 1835, c. 380, s. 3 1841, c. 11; 1845, c. 367, s. 1. From what appeals taken. 19 Md. 130; 21 22 Md. 50.383; 37 83; 27 Md. 345, 570; 28 Md. 206, 227, 588; 29 Md. 18, 298; 30 Md. 29; 32 Md. 151, 561; 41 Md. 539; 42 Md. 251; 44 Md. 386 ; 45 Md. 632. Art. 5, s. 22. 1830, c. 185, s. 1; 1845, c. 367, s. 3. 41. An appeal may also be allowed in the following cases, to wit: From any order granting an injunction, or from a refusal to dissolve the same; or an order appointing a receiver, the answer of the party appealing being first filed in the cause; from an order dissolving an injunction; from an order for the sale, conveyance, or delivery of real or personal property, or the payment of money, unless such delivery or payment be directed to be made to a receiver appointed by such court; or from an order determining a question of right between the parties, and directing an account to be stated on the principle of such determination. 42. On an appeal from a final decree or order, all previous orders which may have passed in the cause shall be open for revision in Previous orders the Court of Appeals, unless an appeal under the next preceding section may have previously been taken to such order. considered on appeal. 22 Md. 196; 28 Md. 548; 29 Md. 298; 32 Md. 151; 41 Md. 422, 539; 43 Md. 378. |