Sieling v. Brunner

⁶⁸⁴ Bubke, J., delivered tbe opinion of tbe Court. Tbe appellee sued tbe appellant in assumpsit in tbe Circuit Court for Howard County to recover certain commissions alleged to be due bim for selling’ tbe appellant’s farm. Issue was joined upon tbe general issue pleas,, and tbe case was tried before tbe Court without a jury. Tbe trial resulted in a verdict and judgment for tbe appellee, and tbe defendant bas brought this appeal.

Tbe appellee bas filed a motion to dismiss tbe appeal upon two grounds: First, because tbe bills of exception were not submitted to or signed by -the Court within tbe time prescribed by tbe 32nd Buie of tbe Circuit Court for Howard County; secondly, because tbe bills of exception were not submitted to or signed by tbe Count during tbe term at- which tbe case was tried. There was no order signed in tbe case extending tbe time for signing tbe bills of exception. It was said in Carter v. Md. & Pa. R. R., 112 Md. 607 , that “under the ordinary practice, although tbe exceptions to a ruling of tbe Court must be taken at tbe time tbe ruling is made, it is neither usual or necessary to prepare tbe bills of exception, or to have them signed until after tbe trial at some convenient time during tbe term at which tbe case is tried; unless otherwise specially ordered by tbe Court, which may by an order passed during tbe term extend the time beyond its expiration.

Tbe bills also may be prepared and signed after tbe expiration of tbe term by consent of tbe parties.” There was no consent by tbe appellee to.tbe signing of tbe bills of exception in this case. On tbe contrary, tbe record shows that be positively objected to tbe Court signing them, and it is conceded that they were signed after tbe expiration of tbe term at which the case was tried. Unless, therefore, tbe bills of exception were signed within tbe period limited by tbe 32nd Buie of tbe Circuit Court for Howard County tbe appeal must be dismissed. ⁶⁸⁵ The portion of that rule wliich bas relation to the question before ns is as follows: “Every exception taken to the ruling of the Court in the progress of a trial shall be noted at the time of the ruling made, and the ground of the exception stated; and when such exception is taken to the granting or refusal of instructions to the jury, the parties so excepting shall state to -what