Wilmer v. Haines

The motion to dismiss the appeal is based on the ground that the transcript of the record was not transmitted to the Court of Appeals within three months from the time of the appeal prayed. The order for the appeal was filed on November 18th, 1924, and the record was- not received by the Court of Appeals until February 19th, 1925, which was one day too late,- unless the failure to comply with the statute was due to a delay which was occasioned by the neglect, omission, or inability of the clerk or the appellee. Bagby’s Code 1924, art. 5, secs. 37, 44; Horseman v. Furbush, 124 Md. 581; Md., D.…