Winkel v. Geiger

Bond, C. J., delivered the opinion of the Co'urt. A motion made by the appellees to dismiss this appeal must, in our opinion, be granted. It is an appeal by a purchaser of property at a sale upon foreclosure of a mortgage under the jurisdiction of the Circuit Court No. 2 of Baltimore City, from an order overruling his exceptions to the ratifica,tion of the sale because of a small difference between the amount of ground rent stated in the advertisement of sale, on the one hand, and the amount paid for a period of years ⁶⁷⁴ past and that specified in an early conveyance, on the other hand. The order was signed and filed on the 12th day of July, 1927, and the appellant’s order for his appeal was swom to and filed on the 13th day of September, 1927; and by section 36 of article 5 of the Code an appeal from an order of a court of equity is required to be taken and entered “within two months from the date of the decree or order appealed from, and not afterwards.” There can be no doubt .that, according to' the rule followed by this court in previous decisions, the 13th day of September was beyond the time limit, “within two months” from the 12th day of July, unless an elimination of hue or more days from the count should be possible.

Calvert v. Williams, 34 Md. 672, 673 ; Stiegler v. Eureka, Life Insurance Co., 146 Md. 629, 655 . And the appellant contends that September 12th, the last day of the two months, should be eliminated because that day was a legal holiday in Baltimore City and the office of the clerk of the court was closed. It has twice been decided that the fact that the last day of such a time allowance, longer than seven days, falls ota. Sunday, does not permit an extension of the time to include the