Bradley v. Bradley

Briscoe, J., delivered the opinion of the Court. The motion to dismiss this appeal must prevail. The reasons therefor are fully set out in the motion to dismiss filed by the appellee on the 3rd of April, 1914, prior to the argument of the case in this Court, and are also apparent from the face of the record itself. The first and second grounds relied upon by the appellee in his motion to dismiss are absolutely conclusive, and they are as follows: (1) Because the appeal was not taken within the time prescribed by the statute, in such case made and provided, and (2) Because the rulings of the Circuit Court for Montgomery County from which the appeal was taken and which ⁵⁰⁸ are sought to be reviewed by this- Court, were matters solely within the discretion of the trial Court.

The order for an appeal, as set out in the record, is as follows: “The caveators, plaintiffs, note an appeal in the above entitled cause to the Court of Appeals from all of the rulings of the Court as contained in the record, including among’ other things the rulings' of the Court on the admission and rejection of evidence, the prayers granted and refused, the charge where excepted to by caveators, the overruling of the motion for a new trial on the ground that the juror' Diamond was incompetent and such incompetency was unknown to attorneys and caveators (plaintiffs) until after the' trial, the overruling the motions filed November 12th, and December 2nd, 1913, respectively.” The order of Court of December 2nd,. 1913, was an order overruling the motion to vacate and set -aside the verdict and overruling the motion “objecting to any order certifying the verdict to the Orphans’ Court.” These motions were both based upon the reason “that the juror Herbert L. Diamond, was incompetent and disqualified to sit in the cause and that such disqualification and incompetency was unknown to the attorneys or plaintiffs, until after the verdict, as shown by the affidavits accompanying the motion for a new trial.” It wall be seen then that the rulings of the Court, here appealed against, were made after a verdict in favor of the appellee on a trial of issues sent from the Orphans’ Court of Montgomery County to the Circuit Court of that county on a caveat to the will of Henry Bradley, deceased, and it is conceded, that they all relate to the alleged disqualification of the juror Diamond, who had been sworn on the panel, as a juror. There are no bills of exception presenting the rulings or determinations of the Court below, either upon the admissibility of evidence, the instructions, of the Court or other rulings in the course of the trial. ⁵⁰⁹ Aii appeal from rulings of a Court of Law, upon the trial of issues sent from the. Orphans’ Court, is an appeal from some “determination of a Court of law,” and must he taken within the time provided by the statute. Hoppe v. Byers, 60 Md. 381 ; Houston v. Wilcox. 121 Md. 100 .

The statute (sec. C, Art. 5 of the Code of Public General Laws) provides that all appeals, or writs of error, allowed from any judgment or determination of a Court of law to the Court of Appeals of this State, shall be taken within two months from the date of such judgment or determination, and not afterwards; and the transcript of the record shall