150 APPEALS AND ERRORS [ART. 5

Cited but not construed in Susquehanna Co. v. St. Clair, 113 Md. 668;
Smith v. Annapolis, 97 Md. 736; Willis v. Jones. 57 Md. 365; State v.
Northern Central Ry. Co.. 18 Md. 210; Stockett v. Bird, 18 Md. 487.

See sec. 27.

1904, art. 5, sec. 32. 1888. art. 5. sec. 30. Rules 9 and 27.
32. All appeals allowed from decrees or orders of courts of equity
shall be taken and entered within two 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 fraud or mis-
take, 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.

Time of appeal.

An appeal must be actually entered within the two months, and the fact
that an appeal bond is filed within the two months does not affect the
matter. Humphreys v. Slemons, 78 Md. 607. See also, Miller v. Murray, 71
Md. 62.

Where an appeal from a final order taken in due time brings up a previous
order for review in accordance with section 2S. the appeal need not be taken
within two months from the passage of such previous order. Emory v.
Faith, 113 Md. 256.

In computing the time within which an appeal should be taken, the day of
the date of the decree should be excluded. Calvert v. Williams, 34 Md. 672.

The time during which a decree is suspended is to be excluded in
determining the time within which the appeal must be taken. Herbert v.
Rowles, 30 Md. 271; Bennett v. Bennett. 5 Gill, 467.

The operation of the first clause of this section is not stayed, because
the law regulating the time for appeal was not in effect at the time the
Judgment was entered, provided the appeal was not taken within two
mouths after the law went into effect. Stephen v. Lewis, 62 Md. 229.

Where a verdict and judgment regarded by the court as for the plaintiff,
were entered in February. 1887, and upon a reversal by the appellate
court, judgment is entered in January, 1888, for the defendants, and the
plaintiff enters an appeal on the same day. the appeal is taken in time.
Sentman v. Gamble. 69 Md. 307.

Appeal held to have been entered too late. Stephens v. Lewis, 62 Md.
230; Jacobs v. Bealmear. 41 Md. 487; Wheeler v. Stone. 4 Gill, 45; Strike v.
McDonald, 2' H. & G. 260.

Cf. sections 6 and 62 and notes.

Fraud or mistake.

The affidavit may be made by one or more of the parties, or by persons
who are not parties. It need not specify the nature of the fraud or mistake,
or go into a proof of it. Oliver v. Palmer. 11 G. & J. 143.

How fraud or mistake must be set up; nature of mistake contemplated.
Contee v. Pratt, 9 Md. 72.

The allegation of fraud has no effect other than to extend the time for
taking the appeal. Ashton v. Ashton, 35 Md. 501.

The last clause of this section applies only to appeals from courts of
equity. Powhatan, etc., Co. v. Potomac. etc., Co., 36 Md. 243.

The last clause of this section, applied. United, etc., Co. v. Stephens, 67
Md. 158; Ashton v. Ashton, 35 Md. 501; Johnson v. Eobertson, 31 Md. 485 :
Contee v. Pratt, 9 Md. 72.

For cases now apparently inapplicable by reason of changes in the law,
see Meloy v. Squires, 42 Md. 382; Redman v. Chance, 32 Md. 53; Edwards v
Bruce. 8 Md. 394.

As to the extension by fraud of the time within which suit may be
entered, see art. 57, sec. 14.