56 Md. 468 | Md. | 1881
delivered the opinion of the Court.
This cause was tried on the nineteenth day of August, 1818, during the May Term and session of the Circuit Court for Harford County. On that day, the -judgment appealed from was rendered by the Court, the s'ame having been tried before the Court without the intervention of a jury. On the same day, both the record sent up, and a copy of the docket entries, which, by agreement, supplement the record, show there was a “demurrer ” to evi
It appears that the exceptions were signed by the ' Judge on the tenth day of June, 1879, and they were filed in the cause on the next day. The appeal was taken, and the affidavit that it was not taken for delay, was made on the 14th of December, 1878 ; nearly six months before the exceptions, on which the appeal is based, were signed by the Judge. In certifying the exceptions, the Judge says: “The demurrer being overruled, and the verdict and judgment of the* Court being for the plaintiff, the defendants except, and pray the Court to sign and seal this, their bill of exceptions, which is accordingly done, this tenth day of June, 1879, as of the 19th of August, 1878; and I hereby certify, that the delay in making out and sending up the record, is not attributable especially to the defendants, the Court not being able, from delays in getting counsel together, to pass upon the hill of exceptions ; and I further certify that this bill of exceptions is signed without the consent of the plaintiff’s counsel.”
Erom the record, it is -thus apparent, that the hill of exceptions was prepared and signed, not only after the expiration of the term, at which the trial was had, but after two other terms had passed, and a third term had begun. It is also expressly certified by the' Court, that the exceptions were signed at that time without the consent of the plaintiff’s counsel. In Wheeler vs. Briscoe, 44 Md., 312, this Court, quoting Bradstreet’s Case, 4 Peters, 102, say, that “the practice to sign it, (bill of exceptions,) after the term, must he understood to he a matter
It is clear, therefore, that the hill of exceptions came too late to justify our reviewing any of the questions presented in the hrief's, on which the case was submitted.
Judgment affirmed.