71 Md. 61 | Md. | 1889
delivered the opinion of the Court.
An order of Court was passed on the 13th of December, 1888, overruling certain exceptions to an auditor's, report.
It appears both from the admission of the counsel for the appellant and the affidavits filed in the cause, that no appeal was entered in the cause until the 20th of February, 1889. This was more than two months after the date of the order, and was too late. A motion has for this reason been made to dismiss the appeal. A verbal order for the appeal was given to the clerk of the Court below on the sixth day of February. If this was effectual, the appeal is saved. By the ninth rule of this Court it was. required that appeals from equity should he “taken and entered” within nine months from the date of the decree or order which was the subject of the appeal. By the twenty-seventh rule the time was reduced to two months. The rule in reference to appeals from Courts of law'requires that they shall he taken
As the facts showing the invalidity of this appeal are admitted, we have not thought it necessary that a writ of diminution should he issued to spread them on the record in a more technical form. The appeal must he dismissed.
Appeal dismissed.