State Roads Commission v. Lassiter

Henderson, J., delivered the opinion of the Court. This appeal, from, a judgment in a condemnation suit entered on July 5, 1950 was filed on July 27, 1950. The transcript was filed in this court on September 27, 1950. The appellees filed a motion to dismiss the appeal, on the ground that it was not taken within ten days, and that the record was not transmitted within thirty days, as required by Code, Article 33A, Section 12.

The appellants resist the motion on the ground that the time for taking the appeal was extended to thirty days and the time for transmitting the record to sixty days, by Rule 2 of the “Rules and Regulations Respecting Appeals”, first adopted by this court in 1945, and readopted .without change in 1947. We advanced the case to hear argument upon the motion. Similar arguments were advanced in the cases of Robertson v. Dorsey, 195 Md.274-275 73 A. 2d 503 , 504 and Grant v. Curtin, 194 Md. 368 -369, 71 A. 2d 304, 306 . We held that Rule 2 did not supersede special statutory exceptions dealing with the time for appeal.

We think those cases are controlling. We find no merit in the appellant’s contention that these cases are distinguishable because the exceptions there considered were each in- ⁵⁵⁴ eluded in Article 5 of the Code. Nor do we find a sufficient ground of distinction in the fact that we subsequently amended Rule 2, on February 17, 1950, to expressly modify the statutory exception dealt with in the Curtin case, or that the Robertson case was based, in part, upon the prior decision in Riggin v. Wyatt, 139 Md. 476 , 115 A. 755 . It is true that the words of Rule 2, standing alone, are broad enough to include all appeals, and the provisions of section 18, or section 18A, Article IV