Steiner v. Harding

Citations

• 88 Md. 343
• 41 A. 799
• 1898 Md. LEXIS 210

Syllabus

<p>Appeal — Failure to Transmit Record in Due Time.</p> <p>Code, Art. 5, sec. 6, provides that the transcript of the record must be transmitted to the Court of Appeals within three months from the time of the appeal taken; and sec. 38 provides that no appeal shall be dismissed because the record shall not have been transmitted within the time prescribed, if it shall appear to the Court that such delay was occasioned by the neglect, omission or inability of the clerk or appellee, but such neglect, omission or inability shall not be presumed but must be shown by the appellant. Held, that where the clerk of the Court after preparing the record in due time did not transmit it within three months because the appellant’s solicitor expressed a wish to examine it, and the record was held to await such examination and a specific order from the solicitor, which order was not given until after the prescribed time, then in such case, the failure to transmit the record in due season was not the fault of the clerk, and the appeal must be dismissed.</p>