82 Md. 129 | Md. | 1895
delivered the opinion of the Court.
The Code provides that all appeals from any judgment of a Court of law shall be taken within two months from the date of such judgment. Art. 5, section 6. The judgment in this case was rendered on the 2y.th November, i8p¿/., and the appeal was entered on the goth March, i8pg, more than two months from the date of the judgment. It is admitted, however, that the defendant’s attorney, on the 7th of January, 1895, after the actual session of the Court for the November term had ended, gave a verbal order for an appeal, but it was not entered because the Clerk of the Court says he had no recollection that any such order was given, and that the entry of March 30th, 1895, was made at the request of defendant’s attorney and upon his statement that he had given a verbal order for the appeal on the 7th January. And the question is whether a mere verbal order for an appeal which is not entered of record till after the expiration of two months from the date of the judgment, is an appeal properly taken within the meaning of the Code ? In Miller v. Murray, 71 Md. 61, we held that a verbal order for an appeal from an order passed by a Court of Equity, but which was not entered within two months from the date of the order, was not a compliance with the statute, and the appeal was therefore dismissed. The Code provides, it is true, that appeals from orders or decrees of a Court of Equity “ shall be taken and entered ” within two months, &c. But after referring to the provisions of the Code relating to appeals from judgments of a Court of law, we said in that
Appeal dismissed.