Smith v. Smith

Adams, J., delivered the opinion of the Court. This appeal was intended to raise the question whether it was error for the Orphans’ Court of Baltimore City to disallow a claim against the estate of Lottie Wilson in the amount of $624, and allow in lieu thereof the sum of $200. The point in issue was decided by the said Orphans’ Court after a hearing at which testimony was offered on both sides, but the court stenographer was not present, and there is no transcript of the testimony in the record, hence there is nothing before this court which could be the basis for determining the issue in the case, as the question is one of fact. There appears in the record a certification by the Orphans’ Court to the following effect: “This is to certify that in pursuance of Section 497 of the Charter and Public Laws of Baltimore City, 1938, the Court advised both parties at the hearing of the above cause on May 25, 1943, that unless the testimony was taken down by the Court Stenographer they would in effect waiye their right to appeal. “Evidence was submitted by both sides but was not transcribed and no notice of the appeal was given to the Court until Counsel for the Administrator filed his order for Appeal. “August 5th, 1943. “Philip L. Sykes, “Samuel Lasch, “Judges.” Appellants deny that they waived their right of appeal, contending that in a plenary proceeding before the Orphans’ Court it is not possible to do