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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 148   View pdf image (33K)
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148 APPEALS AND ERKOES. [AET. 5

In connection with section 27.

A party may waive his rights under section 27 and bring matters embraced
thereunder up for review under this section. Davis v. Gemmell, 73 Md. 554;
Wilhelm v. Caylor, 32 Md. 161; Ware v. Richardson, 3 Md. 555.

This section limits the right of review to those "previous orders" specified
in section 27. Tome v. Stump, 89 Md. 271.

Application of this section.

If an appeal lies under section 26, this section has no application. See
notes to section 26. Gardiner v. Baltimore, 96 Md. 382.

This section has no application to interlocutory orders passed by consent,
and acted on. Godwin v. Banks, 89 Md. 686.

This section applied Emory v. Faith, 113 Md. 256; Bailey v. Jones,
107 Md. 410; Slingluff v, Hubner, 101 Md. 657; Keifer v. Reichert, 93 Md.
99; Tayhern v. National Mechanics Bank, 57 Md. 596; Reiff v. Horst, 55
Md. 45; Meakin v. Duvall, 43 Md. 378; Barton v. Higgins, 41 Md. 546; Phelps
v. Stewart, 17 Md. 242; Stem v. Cox, 16 Md. 538.

Generally.

The words "all previous orders," are as comprehensive as "all previous
orders and decrees." Bull v. Pyle, 41 Md. 422; Frostburg v. Tiddy, 63 Md.
519.

On appeal from an order revising a final audit, all previous orders and
decrees are open for review. Walsh v. Boyle, 30 Md. 268.

A decree exonerating certain mortgaged lots from sale until the exhaustion
of other mortgaged properties, is not open for revision under this section.
Gardiner v. Baltimore, 96 Md. 382; Hopper v. Smyser, 90 Md. 379.

This section explained. Wylie v. Johnston, 29 Md. 303.

Cited but not construed in Baltimore v. Weatherby, 52 Md. 449; Vickers v.
Tracey, 22 Md. 199.

1904, art. 5, sec. 29. 1888. art. 5, sec. 27. 1860, art. 5, sec. 23. 1830, ch. 185, sec. 1
1845, ch. 367, sec. 1. 1853, ch. 374. 1890, ch. 32.

29. No appeal from any decree or order shall stay the execution or
suspend the operation of such decree or order, unless the party praying
the appeal shall give bond, with security, to indemnify the other party
or parties from all loss or injury which said party or parties may
sustain by reason of such appeal and the staying the execution or opera-
tion of such decree or order; such bond to be approved by the judge or
clerk of the court where the proceedings are pending, and the penalty
to be fixed by such court, and upon giving such bond the appeal shall
stay the operation of all such decrees or orders; provided, however, that
if in its discretion the court in which such proceedings are pending
shall decide that the case is not a proper one for such stay, such court
may pass an order upon such terms (as to duration, keeping an account,
giving security, etc.) as to it may seem fit, directing that the decree or
order appealed from shall not be stayed by such appeal, or only so far
or on such terms as the court shall therein direct.

The giving of bond stays further proceedings pending the appeal. Everett

v. State, 28 Md. 206.
In an Injunction case, the giving of the bond stays the operation of the

Injunction. Glenn v. Davls, 35 Md. 220; Gelstou v. Sigmund, 27 Md. 352;

Northern Central Ry Co. v. Canton Co., 24 Md. 506.

The stay of proceedings does not necessarily extend further than the

operation of the order or decree appealed from. Barnum v. Barnum, 42

Md. 294.
The proceedings will not be stayed unless the bond is filed. McNeice v.

Ellason, 78 Md. 179.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 148   View pdf image (33K)
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