Maryland, Delaware & Virginia Railway Co. v. Hammond

In this case the prayer for an appeal was entered in the lower Court on July 25th, 1908, but the record was not received here until November 13th, 1908, and a motion to dismiss the appeal has been made on the ground that the record was not transmitted to this Court within the time prescribed by Art. 5, sec. 6, of the Code.

The fact that the transcript of record was not received here within three months from the time of the appeal prayed, as provided in the aforegoing section, is prima facie evidence of default on the part of the appellant,, and the burden is upon it to show that the delay was…