Chapter 58. APPEAL AND ERROR.

§1. Judgment on Confession Release of Errors.—A judgment on confession shall be equal to a release of errors in the proceedings.(Code 1849, c. 181, §2; Code 1860, c. 181, §2; Code 1868, c. 134, §2; Code 1923, c. 134, §2.)

§2. Harmless Error.—No judgment or decree shall be arrested or reversed for the appearance of either party, being under the age of twenty-one years, by attorney, if the verdict (where there is one), or the judgment or decree, be for him and not to his prejudice; or for want of warrant of attorney; or for the want of a similiter, or any misjoining issue; or because it does not appear that an issue has been made up on matter alleged in any pleading when, without objection by any party, the case has been tried in the absence of such issue and it is apparent from the record and the evidence (a) that the trial was conducted as if an issue had been made upon such matter, or (b) that no evidence pertaining to such matter was offered and it is reasonably apparent that the parties have treated such matter as waived or abandoned; or for any informality in the entry of the judgment or decree by the clerk; or for the omission of the name of any juror; or because it may not appear that the verdict was rendered by the number of jurors required by law; or for any defect, imperfection, or omission in the pleadings, which could not be regarded on demurrer; for any other defect, imperfection, or omission, which might have been taken advantage of a demurrer or answer, but was not so take advantage of.(Code 1849, c. 181, §3; Code 1860, c. 181, §3; Code 1868, c. 134, §3; Code 1923, c. 134, §3.)

§3. Want of Replication or Other Informality in Chancery Proceedings.—No decree shall be reversed for want of a replication to the answer, where the defendant has taken depositions as if there had been a replication; and when it appears that there was a full and fair hearing on the merits, and that substantial justice has been done, a decree shall not be reversed for want of a replication, although the defendant may not have taken depositions; nor shall a decree be reversed at the instance of a party who has taken depositions, for an informality in the proceedings, when it appears that there was a full and fair hearing on the merits, and that substantial justice has been done.(Code 1849, c. 181, §4; Code 1860, c. 181, §4; Code 1868, c. 134, §4; Code 1923, c. 134, §4.)

§1. Reservation to Infants of Right to Show Cause Against Decree or Order.—It shall not be necessary to insert in any decree or order a provision allowing an infant to show cause against it within a certain time after he attains the age of twenty-one years. But in any case in which, but for this section, such provision would have been proper, the infant may, within eight months after attaining the age of twenty-one years, show such cause in like manner as if the decree or order contained such provision. This right of an infant shall not be affected by section seven, article twelve, chapter fifty-five of this Code.(Code 1849, c. 178, §7; Code 1860, c. 178, §7; Code 1868, c. 132, §7; Code 1923, c. 132, §7.)

§2. Bill of Review.—A court or judge allowing a bill of review may award an injunction to the decree to be reviewed. But no bill of review shall be allowed to a final decree, unless it be exhibited within eight months next after such decree, except that an infant or insane person may exhibit the same within eight months after the removal of his or her disability.(Code 1849, c. 179, §5; Code 1860, c. 179, §5; Code 1868, c. 133, §5; 1909, c. 40, §5; 1921, c. 58, §5; Code 1923, c. 133, §5.)

§3. Correction of Clerical Errors or Errors of Fact by Motion in Trial Court.—For any clerical error or error in fact for which a judgment or decree may be reversed or corrected on writ of error coram nobis, the same may be reversed or corrected, on motion after reasonable notice, by the court, or by the judge thereof in vacation.(Code 1849, c. 181, §1; Code 1860, c. 181, §1; Code 1868, c. 134, §1; Code 1923, c. 134, §1.)

§4. Reversal of Default Judgment or Decree on Bill Taken for Confessed, on Motion in Trial Court.—The court in which there is a judgment by default, or a decree on a bill taken for confessed, or the judge of such court in vacation thereof, may, on motion, reverse such judgment or decree for any error for which an appellate court might reverse it, if section seven of this article were not enacted, and give such judgment or decree as ought to be given.(Code 1849, c. 181, §5; Code 1860, c. 181, §5; Code 1868, c. 134, §5; 1909, c. 38, §5; Code 1923, c. 134, §5.)

§5. Correction on Motion of Error in Judgment, Decree or Pleading by Reference to Other Parts of Record or Proceedings; Remitting Excess in Judgment or Decree.—A court in which is rendered a judgment or decree in a cause wherein there is in a declaration or pleading, or in the record of the judgment or decree, any mistake, miscalculation, or misrecital of any name, sum, quantity or time, when the same is right in any part of the record or proceedings, or when there is any verdict, report of a commissioner, bond, or other writing, whereby such judgment or decree may be safely amended, or in which a judgment is rendered on a forthcoming bond for a sum larger than by the execution or order of sale appears to be proper, or on a verdict in an action for more damages than are mentioned in the declaration, may, or, in the vacation of the court in which any such judgment or decree is rendered, the judge thereof may, on motion of any party, amend such judgment or decree according to the truth and justice of the case; or in any such case, the party obtaining such judgment or decree may, in the same court, at any future term, by an entry of record, or in vacation, by a writing signed by him, attested by the clerk, and filed among the papers of the cause, release a part of the amount of his judgment or decree, and such release shall have the effect of an amendment, and make the judgment or decree operate only for what is not released.(Code 1849, c. 181, §5; Code 1860, c. 181, §5; Code 1868, c. 134, §5; 1909, c. 38, §5; Code 1923, c. 134, §5.)

§6. Notice and Time of Motion.—Every motion under this article shall be after reasonable notice to the opposite party, his agent or attorney, in fact or at law, and shall be within eight months from the date of the judgment or decree, unless such judgment or decree was rendered or made before this section as amended takes effect, in which case such motion or amendment may be made within one year from the date of such judgment or decree.(Code 1849, c. 181, §5; Code 1860, c. 181, §5; Code 1868, c. 134, §5; 1909, c. 38, §5; Code 1923, c. 134, §5.)

§7. Motion for Correction Prerequisite to Appeal or Writ of Error; Decision in Appellate Court.—No appeal, writ of error, or supersedeas shall be allowed or entertained by an appellate court or judge for any matter for which a judgment or decree is liable to be reversed or amended, on motion as aforesaid, by the court which rendered it, or the judge thereof, until such motion be made and overruled in whole or in part. And when an appellate court hears a case wherein an appeal, writ of error, or supersedeas has been allowed, if it appear that, either before or since the same was allowed, the judgment or decree has been so amended, the appellate court shall affirm the judgment or decree, unless there be other error; and if it appear that the amendment ought to be and has not been made, the appellate court may make such amendment, and affirm in like manner the judgment or decree, unless there be other error.(Code 1849, c. 181, §6; Code 1860, c. 181, §6; Code 1868, c. 134, §6; Code 1923, c. 134, §6.)

§1. When Appeal Lies.—An appeal shall lie to the circuit court of the county from the final order of the county court in the following cases: (a) In cases of contested elections tried and determined by such court; (b) in cases of contempt; (c) the establishment and regulation of a road, way, bridge, public landing, ferry or mill; (d) the probate of a will; (e) the appointment and qualification of a personal representative, guardian, or committee, and the settlement of their accounts; (f) in any other case by law specially provided.(1881, c. 5, §47; Code 1923 c. 39, §47.)

§2. When Procedure to be Controlled by Provisions of This Article.—In any case where there may be an appeal under the preceding section and the manner of appeal is not otherwise specially provided by law, the procedure shall be controlled by the provisions in the following sections of this article; and in any case where the manner of appeal is otherwise specially provided, the provisions in the following sections of this article shall apply and control the procedure to the extent that they are applicable and not inconsistent with special provisions.

§3. Bills, or Certification, of Exceptions for Appeal.—At the trial or hearing of any matter by the county court as to which an appeal will lie under section one of this article, a party may except to any opinion of the court and tender a bill of exceptions to such opinion, which, if the truth of the case be fairly stated therein, shall be signed by the commissioners holding the court, or a majority of them, and the same shall be a part of the record of the case. Or, in lieu of such bill of exceptions, such exception may with like effect be shown by certificate in the manner provided in sections thirty-six and thirty-seven, article six, chapter fifty-six of this Code, signed by such commissioners, or a majority of them. If any commissioner refuse to sign such bill of exceptions or such certificate in a case in which he participated in the decision complained of, he may be compelled to do so by the circuit court of the county by mandamus. A party to any such proceeding, as to which an appeal will lie as aforesaid, may avail himself of any error appearing on the record by which he is prejudiced without a obtaining a formal bill of exceptions, provided he objects or excepts on the record to the action of the court complained of, and provided it is such a matter as can be considered without a formal bill of exceptions.(1881, c. 5, §48; Code 1923, c. 39, §48.)

§4. Petition; Limitation; Record With Petition.—In any case in which an appeal lies under section one of this article on behalf of a party to a controversy in a county court, such party may present to the circuit court of the county in which the judgment, order or proceeding complained of was rendered, made or had, or in the vacation of such court, to the judge of such court, the petition of such party for an appeal. Such petition shall be presented within four months after such judgment, order or proceeding was rendered, had or made, and shall assign errors. It shall be accompanied by the original record of the proceeding in lieu of a transcript thereof. Such original record shall be understood as including all papers filed in the proceeding, certified copies of all orders entered in the proceeding, copies of which are not in the files, and all matters included in bills of exceptions, or certificates in lieu thereof, as provided in section three of this article. The record may likewise include and the court may consider an agreed statement of facts, and, in case the testimony in the proceeding below was not stenographically reported and preserved, a certificate of facts made by such commissioners, or a majority of them.(1872-3, c. 15, §16; 1882, c. 152, §14; Code 1923, c. 112, §14.)

§5. Procedure When Appeal Allowed.—If the appeal be allowed, it shall be docketed and the order of allowance shall specify what bond, if any, is required before such appeal shall take effect, and the petition and record mentioned in the preceding section shall be filed with the clerk of the circuit court. A copy of the order of allowance shall be served upon the opposite party, and upon proper return of such service and the execution of the required bond, the appeal shall be proceeded with in the circuit court. The petition shall be heard and determined and the appeal shall be decided upon the original record of the proceeding as defined in the preceding section.(1872-3, c. 15, §16; 1882, c. 152, §14; Code 1923, c. 112, §14.)

§6. Application to Supreme Court of Appeals When Appeal Refused by Circuit Court; Procedure.—If the appeal be refused by the circuit court, the refusal shall be indorsed on the petition, which, together with the original record mentioned in section four of this article, may then be presented to the supreme court of appeals, or a judge thereof in vacation. If the matter be one in which an appeal would lie to that court from a judgment of the circuit court affirming the action of the county court, the supreme court of appeals, or judge thereof, may in such case allow or refuse the appeal, and, in case of allowance, the allowance shall be certified to the circuit court and the like proceedings shall be had in the circuit court as if the allowance were by the circuit court or judge.(1872-3, c. 15, §16; 1882, c. 152, §14; Code 1923, c. 112, §14.)

§7. Procedure Upon Decision of the Appeal.—After the decision of the appeal by the circuit court, the cause or matter shall be remanded to the county court, or be retained in the circuit court and there proceeded with as the circuit court may determine and order.(1872-3, c. 15, §16; 1882, c. 152, §14; Code, 1923, c. 112, §14.)

§1. When Appeal, Writ of Error or Supesedeas to be Awarded by Circuit Court or Judge.—An appeal from, or writ of error or supersedeas to, any judgment, decree or order of any court of record of limited jurisdiction established under the provisions of section nineteen of article eight of the Constitution of this State may be awarded by the circuit court of the county, or the judge thereof in vacation, in any instance where, if such judgment, decree or order had been rendered in the circuit court there might be obtained from the supreme court of appeals, or a judge thereof in vacation, an appeal therefrom, or writ of error or supersedeas thereto, under the provisions of section one of article five of this chapter.

§2. Certification to Appellate Courts as to Sufficiency of Summons, Return of Service, or Pleading.—Any question arising in such court of limited jurisdiction upon the sufficiency of a summons or return of service, or challenge of the sufficiency of a pleading, may, in the discretion of the court, and shall, on the joint application of the parties to the suit, in beneficial interest, be certified by it to the circuit court of the county for its decision, and further proceedings in the case stayed until such question shall have been decided and the decision thereof certified back: Provided, That no such question shall be so certified except in a case in which, if it were in the circuit court, it might be certified from the circuit court to the supreme court of appeals under the provisions of section two of article five of this chapter. The manner and form of such certification, and the procedure thereupon, shall be governed by the provisions of said section two. After the question shall have been decided by the circuit court, and an order in pursuance thereof entered, it may, in the discretion of the circuit court, and shall, on the joint application of the parties to the suit, in beneficial interest, be certified by the circuit court to the supreme court of appeals for its decision, in the manner and with the effect provided in section two of article five of this chapter.

§3. Petition.—Any person who is a party to any controversy in such court of limited jurisdiction, wishing to obtain a writ of error, appeal or supersedeas, may present a petition therefor to the circuit court of that county, or the judge thereof in vacation, which petition shall assign errors.

§4. Time for Appeal or Writ of Error.—No petition shall be presented to the circuit court or judge for an appeal from, or writ of error or supersedeas to, any judgment, decree or order rendered or made by such court of limited jurisdiction whether the State be a party thereto or not, which shall have been rendered or made more than four months before such petition is presented.

§5. Stay of Proceedings; Bond.—At the instance of any person who desires to present such petition, the court of limited jurisdiction, in which the judgment, decree or order is, may, during the term at which it is rendered or made, or the judge of such court may, within twenty days after such term is ended, upon notice in writing to the opposite party (in either case the court or the judge exercising a discretion), make an order suspending the execution of such judgment, decree or order, for a reasonable time to be specified in such order, when such person shall give bond before the clerk of such court, in such penalty as the court or judge may require, with a condition reciting such judgment, decree or order, and the intention of such person to present such petition, and providing for the payment of all such damages as any person may sustain by reason of such suspension in case a supersedeas to such judgment, decree or order should not be allowed and be effectual within the time so specified.

§6. Filing of Petition; Transmission of Petition and Record; Payment of Expenses and Fees; Return of Record.—Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the court of limited jurisdiction wherein the judgment, decree or order complained of was entered, and such clerk, retaining in his office the copy of such petition, shall, as soon as may be, transmit to the clerk of the circuit court the original, together with the record of so much of the case wherein the judgment, decree or order is as will enable the court or judge to whom the petition is to be presented properly to decide on such petition, and enable the court, if the petition be granted, properly to decide the questions that may arise before it. The clerk of the court of limited jurisdiction, before transmitting the record as aforesaid, shall arrange the papers, as nearly as may be, in the order of the filing and entry thereof, numbering the pages, make and certify copies of all orders entered in the case, copies of which are not in the files, and prepare and annex to the record a table of contents or index. Before such petition and record are transmitted as aforesaid, the petitioner shall pay to the clerk of the court of limited jurisdiction all the expenses of preparation and indexing of the record and all fees for filing the petition and making and certifying necessary copies of orders, and the clerk shall indorse on the petition that such expenses and fees have been paid. In so far as provision therefor is not made by existing law, the compensation of the clerk of the court of limited jurisdiction for services rendered hereunder shall be fixed by the judge of such court. If the prayer of the petition be not granted, and the petition and record be not presented to the supreme court of appeals or a judge thereof as provided in the following section, the petition and record shall be returned to the office of the clerk of the court of limited jurisdiction.

§7. Order Showing Action of Circuit Court on Petition; Second Petition; Application to Supreme Court of Appeals or Judge Thereof.—The circuit court or the judge thereof, upon consideration of the petition, shall enter an order granting or refusing it. If the circuit court or judge deems the judgment, decree or order of such court of limited jurisdiction to be plainly right, and rejects it on that ground, and the order of rejection so states, no further petition shall afterwards be presented to the circuit court or judge for the same purpose; but in any case where the circuit court or judge rejects the petition, the petition and order of rejection, together with the record of the cause, may, within four months from the date of the order of rejection, be presented to the supreme court of appeals, or any judge thereof in vacation, for an appeal from, or writ of error or supersedeas to, such order of rejection, and, if allowed, the same proceedings may be had thereon as if the same were a petition originally from the circuit court of such county to the supreme court of appeals. After the petition has been rejected by the circuit court or judge, the clerk of the circuit court shall, as soon as may be, upon request of the petitioner, transmit to the clerk of the supreme court of appeals, or such judge of said court as the petitioner shall designate, if said court be not then in session, by United States registered mail or valued express, the petition, the record of the cause as presented to the circuit court or judge, and the order of rejection. Before such petition, record and order are transmitted as aforesaid, the petitioner shall deposit with the clerk of the circuit court a sufficient sum of money to defray the costs of transmission and return of the record, and the making of a transcript of the record, or file with the clerk a bond conditioned to pay the same, in a penalty and with sureties to be fixed and approved by such clerk, who shall indorse on the petition that such deposit has been made or such bond filed. If the appeal or writ of error prayed for be granted, the clerk of the supreme court of appeals shall, immediately after the issuance of the appellate process, return the record to the clerk of the circuit court, by mail or express, as aforesaid; and such circuit clerk shall forthwith make a transcript, as provided in section seven of article five of this chapter, of so much of the record as is required for the purposes of the appeal or writ of error and transmit the same to the clerk of the supreme court of appeals. In so far as provision therefor is not made by existing law, the compensation of the clerk of the circuit court for services rendered hereunder shall be fixed by the judge of the circuit court. If the prayer of the petition be not granted by the supreme court of appeals or judge thereof, the petition and record shall be returned as aforesaid, and the clerk of the circuit court shall repay to the petitioner, or his attorney, the money deposited with him, if any, less his fees and expenses, and the petition and record shall be returned to the office of the clerk of the court of limited jurisdiction. The rejection of such petition by a judge of the supreme court of appeals in vacation shall not prevent the presentation of such petition to such court when in session.

§8. Certiorari for Omitted Portion of Record.—The circuit court may, in any case, award a writ of certiorari to the clerk of the court of limited jurisdiction, and have brought before it, when part of a record is omitted, the whole or any part of such record.

§9. Allowance of Appeal or Writ; Supesedeas.—The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error or supersedeas, and may stay proceedings either in whole or in part.

§10. Docketing Case.—If upon a petition as aforesaid the appeal, writ of error or supersedeas to a judgment, order or decree be allowed by the circuit court or judge, the appeal writ of error or supersedeas shall be docketed in such court.

§11. Summons and Supersedeas; Service of Writs or Court Order.—The clerk of the circuit court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also issue any supersedeas which may be awarded, which summons or supersedeas may be made returnable to any day of the next term of the circuit court and may be served upon the party in person or his attorneys in the court of limited jurisdiction from which the appeal or writ of error is taken, or, in a proper case, by the execution of an order of publication as provided in sections twenty-seven and twenty eight, article three, chapter fifty-six of this Code relating to causes pending in the supreme court of appeals, and all the provisions of section twenty-nine of said article three shall apply in the case of an appeal, writ of error or supersedeas prosecuted under the provisions of this article. In lieu of the summons and supersedeas aforesaid, a certified copy of the order allowing the appeal or writ of error and supersedeas, if a supersedeas is granted, may be served and returned in the same manner, and with the same effect, as such summons, or such summons and supersedeas, as the case may be, is to be served and returned. The clerk of the circuit court shall indorse on such certified copy the date when it is returnable.

§12. Indorsements on Writs as to Bond.—The clerk of the circuit court shall indorse on the summons or supersedeas, or on the certified copy of the court order in lieu thereof, that it is not to be effectual until the bond required by the following section, with good personal security, be given before the clerk of the court of limited jurisdiction, who shall take such bond and indorse on the process, or on the certified copy of the court order in lieu thereof, that it has been given, and the names of the sureties therein, and forward to the clerk of the circuit court a certified copy of such bond.

§13. Appeal Bond.—Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal, writ of error or supersedeas is allowed or entered, with condition as provided in section fourteen, article five of this chapter; and all the provisions of section fifteen of article five of this chapter, relating to indemnifying bonds and additional bonds, shall apply in the case of an appeal, writ of error or supersedeas under the provisions of this article.

§14. Time for Presenting Record and Giving Bond.—No process shall issue upon any appeal, writ of error or supersedeas allowed by the circuit court or judge to or from a judgment, decree or order, if, when the record is delivered to the clerk of the circuit court, four months shall have elapsed since the date of such judgment, decree or order; but the appeal, writ of error or supersedeas shall be dismissed whenever it appears that four months have elapsed since such date before the record is delivered to such clerk, or that two months have elapsed since the date when the appeal, writ of error or supersedeas was granted before such bond is given as is required to be given before the appeal, writ of error or supersedeas takes effect.

§15. Time and Manner of Hearing.—The order of priority of hearing causes pending in circuit courts upon an appeal, writ of error or supersedeas from courts of limited jurisdiction shall be such as the supreme court of appeals shall prescribe under the provisions of section nineteen, article five of this chapter for causes pending in the supreme court of appeals. Any cause so pending in a circuit court, unless for good cause shown a continuance of the hearing to a future term of the court be granted, may be heard at the next term of court after the appeal, writ of error or supersedeas is granted: Provided, That no cause shall be heard until all proper process has been served as provided in section eleven of this article, and all proper bonds have been taken as provided in section thirteen of this article. The manner of the hearing shall be such as the circuit court shall prescribe.

§16. Petition to be Heard and Case Decided Upon Original Record.—For the purpose of hearing and determining the petition and deciding the appeal or writ of error in the circuit court, no transcript of the record shall be made, but the petition shall be heard and determined and the appeal or writ of error decided upon the original papers and certified copies of orders constituting the record of the case, as described in section six of this article, which accompanied the petition on the application for the appeal, writ of error or supersedeas.

§17. Judgment of Circuit Court; Appeal or Writ of Error in Supreme Court of Appeals.—The circuit court, where an appeal, writ of error or supersedeas has been allowed by such court or the judge thereof in vacation, shall, upon the hearing thereof, affirm such judgment, decree or order if there be no error there in prejudical to the appellant, or reverse the same in whole or in part if erroneous; and, if reversed, the circuit court may enter such judgment, decree or order as the court of limited jurisdiction should have entered, or may retain the case for new trial or hearing on further proceedings, or may remand it to the court of limited jurisdiction to be further proceeded in and finally determined. From any action of the circuit court in affirming or reversing any judgment, decree or order of such court of limited jurisdiction, an appeal or writ of error shall lie to the supreme court of appeals.

§18. Procedure After Decision of the Appeal or Writ of Error.—When, after reversal, the case is retained in the circuit court for a new trial or hearing on further proceedings, it shall be docketed and proceeded in to final judgment or decree in the same manner and with the same effect as if it had originally been instituted in the circuit court; the papers shall be retained in the office of the clerk of the circuit court; execution or other final process may issue therefrom; and the clerk of the circuit court shall certify to the clerk of the court of limited jurisdiction the fact that the case is so retained, which certification shall be entered of record in the court of limited jurisdiction. When the judgment, decree or order is affirmed in the circuit court, or when it is reversed, in whole or in part, and the circuit court, without a new trial or hearing on further proceedings, enters such judgment, order or decree as the court of limited jurisdiction should have entered, the clerk of the circuit court shall, as soon as practicable, certify the decision of the circuit court and transmit all the papers of the cause to the clerk of the court of limited jurisdiction, and the court of limited jurisdiction shall enter the decision of the circuit court as its own, and execution or other final process may issue accordingly. If such decision be received by the clerk of the court of limited jurisdiction in vacation, he shall enter it of record in his order book, and there upon such execution or other final process may issue and such proceedings be had in the case as would have been proper if the decision had been entered in court. When the case is reversed by the circuit court and remanded to the court of limited jurisdiction for further proceedings, the clerk of the circuit court shall, as soon as practicable, certify the decision of the circuit court and transmit all the papers of the cause to the clerk of the court of limited jurisdiction, and the decision of the circuit court shall be entered of record in the court of limited jurisdiction.

§19. When Law and Rules Governing Appeals to Supreme Court of Appeals to Apply.—In any instance where this article fails to provide a specific method of procedure on appeals from courts of limited jurisdiction to circuit courts, the law and rules applying in the matter of appeals from circuit courts to the supreme court of appeals, so far as applicable, shall govern the procedure in the circuit courts on appeals from, or writs of errors or supersedeas to, courts of limited jurisdiction.

§1. When Appeal or Writ of Error Lies.—A party to a controversy in any circuit court may obtain from the supreme court of appeals, or a judge thereof in vacation, an appeal from, or a writ of error or supersedeas to, a judgment, decree or order of such circuit court in the following cases: (a) In civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than one hundred dollars, wherein there is a final judgment, decree or order;

(b) In controversies concerning the title or boundaries of land, the probate of a will, or the appointment of a personal representative, guardian, committee or curator;

(c) Concerning a mill, road, way, ferry or landing;

(d) Concerning the right of a corporation, county or district to levy tolls or taxes;

(e) In any case of quo warranto, habeas corpus, mandamus or prohibition;

(f) In any case involving freedom or the constitutionality of a law;

(g) In any case in chancery wherein there is a decree or order dissolving or refusing to dissolve an injunction, or requiring money to be paid, or real estate to be sold, or the possession or title of property to be changed, or adjudicating the principles of the cause;

(h) In any case where there is a judgment or order quashing or abating, or refusing to quash or abate, an attachment;

(i) In any civil case where there is an order granting a new trial or rehearing, and in such cases an appeal may be taken from the order without waiting for the new trial or rehearing to be had;

(j) In any criminal case where there has been a conviction in a circuit court or a conviction in an inferior court which has been affirmed in a circuit court.

Appeals shall not lie under subdivisions (g), (h) and (i) where pecuniary interests only are involved, unless the amount in controversy, exclusive of costs, exceeds one hundred dollars.(Code 1849, c. 182, §§1, 2; Code 1860, c. 182, §§1, 2; 1868, c. 87, §2; Code 1868, c. 135, §§1, 2; 1872-3, c. 17, §§1, 2; 1877, c. 44, §1; 1882, c. 157, §1; 1915, c. 69, §1; Code 1923, c. 135, §1; 1925, c. 28, §1.)

§2. Certification to Supreme Court of Appeals as to Sufficiency of Summons, Return of Service, or Pleading.—Any question arising upon the sufficiency of a summons or return of service, or challenge of the sufficiency of a pleading, in any case within the appellate jurisdiction of the supreme court of appeals, may, in the discretion of the circuit court in which it arises, and shall, on the joint application of the parties to the suit, in beneficial interest, be certified by it to the supreme court of appeals for its decision, and further proceedings in the case stayed until such question shall have been decided and the decision thereof certified back. The forms of the certificates of such questions, as well as the time and manner of the hearing and notice thereof and the portion of the record to be sent up, shall be as prescribed by the supreme court of appeals. Entry of such certificate or the fact that it has been made, upon the record of the case in the trial court, shall be sufficient notice to the parties that the questions involved are on application for hearing and determination by the appellate court. Attested copies of the portions of the record of the case or cause necessary to a determination of the questions so certified shall forthwith be presented to the supreme court of appeals together with the question certified, and if the court be of the opinion that the rulings of the lower court ought to be reviewed, the case or cause shall be docketed for hearing without further notice to the parties; but if the court be of the opinion that there has been no error in the rulings, it shall refuse to docket the case or cause, and the action of the court in refusing to docket same shall then be certified forthwith to the lower court.(1915, c. 69, §1; Code 1923, c. 135, §1; 1925, c. 28, §1.)

§3. Petition.—Any person who is a party to such controversy, wishing to obtain a writ of error, appeal or supersedeas in the cases named in the first section of this article, may present a petition therefor to the supreme court of appeals, or to a judge thereof in vacation, which petition shall assign errors.(Code 1849, c. 182, §§8, 9; Code 1860, c. 182, §§9, 10; 1872-3, c. 17, §§2, 8; 1882, c. 157, §§2, 8; Code 1923, c. 135, §§2,8.)

§4. Time for Appeal or Writ of Error.—No petition shall be presented for an appeal from, or writ of error or supersedeas to, any judgment, decree or order, whether the State be a party thereto or not, which shall have been rendered or made more than eight months before such petition is presented.(Code 1849, c. 182, §3; Code 1860, c. 182, §3; Code 1868, c. 135, §2; 1872-3, c. 17, §3; 1877, c. 44, §3; 1882, c. 157, §3; 1899, c. 14, §3; 1909, c. 39, §3; 1921, c. 57, §3; Code 1923, c. 135, §3.)

§5. Stay of Proceedings; Bond.—At the instance of any person who desires to present such petition, the court, in which the judgment, decree or order is, may, during the term at which it is rendered or made, or the judge of such court may, within twenty days after such term is ended, upon notice in writing to the opposite party (in either case the court or the judge exercising a discretion), make an order suspending the execution of such judgment, decree or order, for a reasonable time to be specified in such order, when such person shall give bond before the clerk of such court, in such penalty as the court or judge may require, with a condition reciting such judgment, decree or order, and the intention of such person to present such petition, and providing for the payment of all such damages as any person may sustain by reason of such suspension in case a supersedeas to such judgment, decree or order should not be allowed and be effectual within the time so specified.(1849, c. 182, §4; Code 1860, c. 182, §4; Code 1868, c. 135, §§3, 5; 1872, c. 76, §3; 1872-3, c. 17, §4; 1882, c. 157, §4; Code 1923, c. 135, §4.)

§6. Filing of Petition; Transmission of Petition and Record; Deposit or Bond; Return of Record; Transcript; Charges.—Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the circuit court wherein the judgment, decree or order complained of was entered, and such clerk, retaining in his office the copy of such petition, shall, as soon as may be, transmit to the clerk of the supreme court of appeals, or such judge of said court as the petitioner shall designate, if said court be not in session, by United States registered mail or valued express, the original, together with the record of so much of the case wherein the judgment, decree or order is, as will enable the court or judge to whom the petition is to be presented properly to decide on such petition, and enable the court, if the petition be granted, properly to decide the questions that may arise before it. The clerk of the circuit court, before transmitting the record as aforesaid, shall arrange the papers, as nearly as may be, in the order of the filing and entry thereof, numbering the pages, make and certify copies of all orders entered in the case, copies of which are not in the files, and prepare and annex to the record a table of contents or index. Before such petition and record are transmitted as aforesaid, the petitioner shall deposit with the clerk of the circuit court a sufficient sum of money to defray the expenses of the preparation and indexing of the record, fees for filing the petition and making and certifying necessary copies of orders, costs of transmission and return of the record, and the making of a transcript of the record, or file with the clerk a bond conditioned to pay the same, in a penalty and with sureties to be fixed and approved by such clerk, who shall indorse on the petition that such deposit has been made or such bond filed. If the appeal or writ of error prayed for be granted, the clerk of the supreme court of appeals immediately after the issuance of the appellate process, return the record to the clerk of the circuit court, by mail or express, as aforesaid; and such circuit court clerk shall forthwith make a transcript of so much of the record as is required for the purposes of the appeal or writ of error and transmit the same to the clerk of the supreme court of appeals. In so far as provision therefor is not made by existing law, the compensation of the clerk of the circuit court for services rendered hereunder shall be fixed by the judge of such court. If the prayer of the petition be not granted, the petition and record shall be returned as aforesaid, and the clerk of the circuit court shall repay to the petitioner, or his attorney, the money deposited with him, if any, less his fees and expenses.(Code 1849, c. 182, §5; Code 1860, c. 182, §6; 1872-3, c. 17, §5; 1882, c. 157, §5; 1915, c. 69, §5; Code 1923, c. 135, §5.)

§7. Contents of Transcript of Record.—Unless the person who has obtained the appeal or writ of error direct otherwise, there shall not be copied in the transcript any of the process, returns or evidence of service; nor the commissions, if any, and notices to take depositions, the captions to such depositions, or certificates of their having been sworn to, except so far as may be necessary to the decision of exceptions taken to the reading of the depositions, but the name of each witness and the day of taking his deposition shall be stated at the head thereof; nor shall there be copied an account reported by a commissioner, to which there is no exception; nor any printed document of which either party will furnish to the clerk a copy, but such duplicate shall be attached to what is copied. If either of the parties to the suit or action shall furnish to the clerk an original carbon copy of any pleading, order, decree, deposition, bill of exception, or certificate of evidence, he shall, instead of copying the paper a copy of which is so furnished, include such copy in the transcript, without charge therefor, except a comparing fee of ten cents per one thousand words. When a case has been before the supreme court of appeals, there shall be certified only the proceedings subsequent to the former appeal, writ of error or supersedeas. Unless otherwise ordered as herein provided by the court or judge allowing the appeal, writ of error or supersedeas, the clerk shall make out the whole record in the manner herein provided, or any additional part thereof, if either party to the appeal or writ of error shall so direct. But such court or judge may, on the allowance of the appeal or writ of error, direct the omission from the transcript of such parts of the record as are deemed immaterial, by an indorsement thereon, and such part shall, in such case, be omitted. The bond filed shall be inserted in the record.(Code 1849, c. 182, §6; Code 1860, c. 182, §7; Code 1868, c. 135, §6; 1872-3, c. 17, §6; 1882, c. 157, §6; 1915, c. 69, §6; Code 1923, c. 135, §6.)

§8. Certiorari for Omitted Portion of Record.—The appellate court, or the judge there of, may, when a case has before been in such court, inspect the record upon the former appeal, writ of error or supersedeas. And such court may, in any case, award a writ of certiorari to the clerk of the court below, and have brought before it, when part of a record is omitted, the whole or any part of such record.(Code 1849, c. 182, §7; Code 1860, c. 182, §8; Code 1868, c. 135, §9; 1872-3, c. 17, §7; 1882, c. 157, §7; Code 1923, c. 135, §7.)

§9. Second Petition.—In a case wherein the court shall deem the judgment, decree or order complained of plainly right, and reject it on that ground, no other petition therein shall afterwards be entertained. But the rejection of such petition by a judge in vacation shall not prevent the presentation of such petition to the court when in session.(Code 1849, c. 182, §10; Code 1860, c. 182, §13; 1872-3, c. 17, §11; 1877, c. 44, §11; 1882, c. 157, §11; Code 1923, c. 135, §11.)

§10. Allowance of Appeal or Writ; Supersedeas.—The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error or supersedeas, and may stay proceedings either in whole or in part.(Code 1849, c. 182, §11; Code 1860, c. 182, §14; 1872-3, c. 17, §12; 1882, c. 157, §12; Code 1923, c. 135, §12.)

§11. Docketing Case.—If upon a petition as aforesaid the appeal, writ of error or supersedeas to a judgment, order or decree be allowed, the appeal, writ of error or supersedeas shall be docketed in the supreme court of appeals.(Code 1849, c. 182, §12; Code 1860, c. 182, §§15-20; Code 1868, c. 135, §8; 1872-3, c. 17, §10; 1882, c. 157, §10; Code 1923, c. 135, §10.)

§12. Summons and Supersedeas; Service of Writs.—The clerk of the appellate court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also issue any supersedeas which may be awarded, which summons or supersedeas may be served upon the party in person or his attorneys in the court from which the appeal or writ of error is taken.(Code 1849, c. 182, §12; Code 1860, c. 182, §15; 1872-3, c. 17, §13; 1882, c. 157, §13; Code 1923, c. 135, §13.)

§13. Indorsements on Writs as to Bond.—The clerk of the supreme court of appeals shall indorse on the summons or supersedeas that it is not to be effectual until the bond required by the following section, with good personal security, be given before the clerk of the court below, who shall take such bond and indorse on the process that it has been given, and the names of the sureties therein, and forward to the clerk of the supreme court of appeals a certified copy of such bond.(Code 1849, c. 182, §14; Code 1860, c. 182, §22; 1872-3, c. 17, §15; 1882, c. 157, §15; Code 1923, c. 135, §15.)

§14. Appeal Bond.—Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal, writ of error or supersedeas is allowed or entered with condition: If a Supersedeas be awarded, to perform and satisfy the judgment, decree or order, or any part thereof, proceedings on which are stayed, in case such judgment, decree or order, or such part, be affirmed, or the appeal, writ of error or supersedeas be dismissed, and also, to pay all damages, costs and fees, which may be awarded against or incurred by the appellants or petitioners; and if it be an appeal from an order or decree dissolving an injunction, or dismissing a bill of injunction, with a further condition, to indemnify and save harmless the surety in the injunction bond against loss or damage in consequence of his suretyship; and with condition when no supersedeas is awarded to pay such specific damages, and such costs and fees as may be so awarded or incurred.(Code 1849, c. 182, §13; Code 1860, c. 182, §21; Code 1868, c. 135, §§3, 10; 1872-3, c. 17, §14; 1882, c. 157, §14; Code 1923, c. 135, §14.)

§15. Bond to Save Harmless Surety Original Bond; New Bond.—On the motion of any surety in such bond, after reasonable notice, or a rule against his principal, the appellate court may order bond to be given in such time as it may prescribe, with a sufficient security to indemnify and save harmless such surety against all loss or damage in consequence of his suretyship; or upon motion of the appellee alleging the insufficiency of the sureties in such bond, the appellate court may order a new bond with sufficient security to be executed within such reasonable time as the court may prescribe and if such order be not complied with, may order the appeal, writ of error or supersedeas to be dismissed.(Code 1849, c. 182, §15; Code 1860, c. 182, §24; 1872-3, c. 17, §16; 1882, c 157, §16; Code 1923, c. 135, §16.)

§16. Time for Presenting Record and Giving Bond.—No process shall issue upon any appeal, writ of error or supersedeas allowed from or to a final judgment, decree or order, if, when the record is delivered to the clerk of the appellate court, eight months shall have elapsed since the date of such final judgment, decree or order; but the appeal, writ of error or supersedeas shall be dismissed whenever it appear that eight months have elapsed since such date before the record is delivered to such clerk, or that two months have elapsed since the date when the appeal, writ of error or supersedeas was granted before such bond is given as is required to be given before the appeal, writ of error or supersedeas takes effect.(Code 1849, c. 182, §17; Code 1860, c. 182, §26; 1872-3, c. 17 §17; 1882, c. 157, §17; 1901, c. 78, §17; 1909, c. 39, §17; 1921, c. 57, §17; Code 1923, c. 135 §17.)

§17. Printing Record by Clerk; Distribution; Deposit; Felony Cases.—Eighteen copies of the record shall be printed containing the petition, so much of the record as the counsel for any party interested or the court may direct, and the table of contents, in octavo form, on me book paper of good quality, ten point type, the title on the cover to be in the center, preserving on the margin of the printed record the paging of the record from the court below. The printed matter on the pages of such record shall be four inches by seven inches in size, and each page shall contain fifteen hundred ems of such type. Such pages shall not be more than single leaded, and not more than a twelve point slug shall be used around heads. Of the printed as records, the clerk shall deliver one to each judge, two to the counsel on each side, transmit one to the clerk of the court below, and retain the remaining copies in his office. The clerk shall have the record printed when the party obtaining the appeal, writ of error or supersedeas shall deposit with him a sufficient sum to pay for such printing, which shall be not more than sixty cents per thousand ems for all matter printed, and the cost of printing of such record shall be printed at the end of same, and no greater compensation shall be charged for printing and comparing the same. In measuring such printing and estimating the number of ems, no unnecessary space at the top, bottom or elsewhere on a page shall be reckoned or counted, and only the actual printing done by measuring on the face of the type shall be charged, except that the blank portions of pages at the end of the petition, record and index may be counted as parts of full pages. No entirely blank pages shall be counted, and only two pages shall be counted for cover; but in no case shall more than ninety cents per page be charged for any such record, and no tabular work, blue print of map or other matter required to be furnished or printed in the record shall be charged for in computing the cost of printing at a greater rate than ninety cents per page, of the same measure as record pages. The cost of such printing, unless otherwise ordered by the court, shall be taxed against the opposite party, if the judgment, decree or order appealed from be reversed. And should the appellant or plaintiff in error fail for three months after his case has been docketed in the court of appeals to deposit with the clerk of the said court of appeals a sufficient sum to pay for the printing of the record, he shall be deemed to have abandoned his appeal or writ of error and the same shall be dismissed; but it may be renewed at any time within eight months from the date of the judgment, order or decree appealed from, according to the provisions of section four of this article. In every felony case, the clerk shall have the usual number of records printed at a cost not exceeding the amount fixed by this section, and dispose of the same as in other cases; and upon the certificate of the president of the supreme court of appeals stating that such record has been printed, and the amount said clerk is entitled to, the costs of printing the same shall be paid to said clerk out of the treasury of the State, and the auditor shall draw his warrant on the treasury for the payment thereof out of the fund for criminal charges.(Code 1849, c. 182, §19; Code 1860, c. 182, §28; Code 1868, c. 135, §11; 1869, c. 53, §11; 1871, c. 162; 1872-3, c. 17, §18; 1882, c. 157, §18; 1899, c. 14, §18; 1921, c. 57, §18; Code 1923, c. 135, §18.)

§18. Printing of Record by Party; Costs; Record Not to be Printed out of State.—If a party who has obtained an appeal, writ of error, or supersedeas, desires to have such record printed himself, he shall notify the clerk of the supreme court of appeals of such intention, and if the manuscript record is in possession of said clerk, it shall be his duty, when required by such party, to deliver such record to him, or, if he is directed to do so, he shall forward such record to such party, by mail or express, upon receiving a sufficient sum to pay the postage or express charges upon same; whereupon such party shall have the number of copies thereof printed as required by the preceding section, and in the type and of the same size pages and in the manner prescribed in the preceding section. After he shall have had such copies printed, they shall be delivered by him to said clerk, to be disposed of and used by him as is provided in the preceding section, together with the manuscript record; and the costs of printing such record shall be taxed in the costs recovered in case the judgment or decree appealed from be reversed: Provided, That such costs shall not exceed the amount fixed by the preceding section. If the record be imperfect and not printed in all respects as is required in this article, the clerk shall have such record, or any part thereof, reprinted at the price hereinbefore fixed for the same, at the expense of the party obtaining the appeal, writ of error or supersedeas. The clerk of the supreme court of appeals shall carefully compare the printed copies filed in his office with the transcripts of records certified by the clerks of courts below, and mark upon each copy of the printed record all errors that may have been committed in printing. For his services in this behalf he shall be entitled to a fee of ten cents per one thousand ems of the printed record, if the record is not printed under his supervision; but if printed under his supervision, said clerk shall compare the record as aforesaid and receive no extra compensation therefor. When the record is not printed under the supervision of said clerk, the compensation for comparing the same shall be paid by the party having such record printed to the said clerk at the time the printed copies are so filed with him, and the same shall not be charged as a part of the costs of the appeal or writ of error. No record shall be taken out of this State to be printed. In the event any record should be printed and sent to the clerk as provided in this section, the clerk is directed in taxing the costs to compute the measurement of such record as provided in the preceding section and tax the same accordingly.(Code 1868, c. 135, §7; 1869, c. 53, §7; 1872-3, c. 17, §19; 1882, c. 157, §19; 1899, c. 14, §19; Code 1923, c. 135, §19.)

§19. Control of Time and Manner of Hearing and Submission.—The supreme court of appeals shall have complete control of the time and manner of the hearing and submission to such court for decision of all causes pending therein, establishing such order of priority in the hearing of cases as it may deem just and expedient, having in view the nature of the subject matter of the litigation and the requirements of public interest, and shall make, enter of record and cause to be published reasonable rules and regulations in reference to the hearing and submission of all such causes.(Code 1849, c. 182, §§20, 21; Code 1860, c. 182, §§30, 31; 1863, c. 17, §§2, 3; Code 1868, c. 135, §§8, 12; 1869, c. 53, §8; 1870, c. 16, §8; 1872-3, c. 16, §8; 1882, c. 157, §20; 1913, c. 52, §20; Code 1923, c. 135, §20.)

§20. When Decisions Binding Authority.—No decision rendered by the supreme court of appeals shall be considered as binding authority upon any of the inferior courts of this State, except in the particular case decided, unless such decision is concurred in by at least three judges of the court.(1872-3, c. 16, §9; 1882, c. 157, §21; Code 1923, c. 135, §21.)

§21. Scope of Decisions; Written Opinion; Syllabus.—When a judgment or decree is reversed or affirmed by the supreme court of appeals, every point fairly arising upon the record of the case shall be considered and decided; and the reasons therefor shall be concisely stated in writing and preserved with the record of the case; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case concurred in by at least three judges thereof, which shall be prefixed to the published report of the case.(1872-3, c. 16, §10; 1882, c. 157, §22; Code 1923, c. 135, §22.)

§22. Disqualification of Judges.—If at any time there be on the docket of the supreme court of appeals a case in respect to which a majority of the judges of said court are so situated as to make it improper for them to sit on the hearing thereof, that fact shall be entered of record.(1872-3, c. 16, §11; 1882, c. 157, §23; Code 1923, c. 135, §23.)

§23. Designation of Parties.—The plaintiff in the court below shall be designated as plaintiff in the appellate court. The case shall be entered on the appeal docket as follows: “A............... B..........., plaintiff and appellee (or appellant, plaintiff in error, defendant in error, as the case may be), vs. C...........D..........., defendant and appellant” (or appellee, plaintiff in error, or defendant in error, as the case may be).(Code 1868, c. 135, §13; 1882, c. 157, §24; Code 1923, c. 135, §24.)

§24. Parol Testimony.—The supreme court of appeals shall not hear parol testimony except in cases in which it has original jurisdiction.(Code 1849, c. 182, §22; Code 1860, c. 182, §32; Code 1868, c. 135, §14; 1872-3, c. 16, §12; 1882, c. 157, §25; Code 1923, c. 135, §25.)

§25. Judgment; Motion to Dismiss; Motion to Affirm, Reverse or Dismiss Involving Merits.—The supreme court of appeals shall affirm the judgment, decree or order, if there be no error therein, and reverse the same in whole or in part, if erroneous, and enter such judgment, decree or order as the court whose error is sought to be corrected ought to have entered, affirming in cases where the court is equally divided. In the case of an appeal from an order granting a new trial or rehearing, if the order be reversed, such final judgment, decree or order shall be rendered or made in the case as the appellant was entitled to in the court below. All motions to dismiss upon grounds not involving the merits of the case shall be made after reasonable notice in writing to the opposite party or his attorney, or given in a brief filed under the rules. With leave of the court previously granted, and after reasonable notice to be prescribed by a rule of the court, a motion to dismiss involving the merits, or to affirm or reverse, may be made at any time after the allowance of the appeal, writ of error or supersedeas; and, upon the hearing of such motion, the court may dismiss, affirm, modify or reverse with like effect as if the appeal, writ of error or other process had been regularly matured for final hearing.(Code 1849, c. 182, §23; Code 1860, c. 182, §34; Code 1868, c. 135, §15; 1872-3, c. 16, §13; 1882, c. 157, §26; 1915, c. 69, §26; 1921, c. 59, §26; Code 1923, c. 135, §26.)

§26. Rehearing of Cases.—The supreme court of appeals may, at the next succeeding regular term, review and rehear any cases decided by said court, so far as to allow the correction of any clerical error in any decree or judgment pronounced by said court, or where the court on its own motion may desire to rehear and correct such decree or judgment. But no argument shall be heard on a motion to rehear unless requested by said court.(1879, c. 16, §1; 1915, c. 68, §5; Code 1923, c. 113, §5.)

§27. Damages on Affirmance.—When any judgment, decree or order is affirmed in the supreme court of appeals, damages shall be awarded to the appellee. Such damages, when the judgment, decree or order is for the payment of money, shall be at the rate of six per cent per annum on the whole amount of the recovery, including interest and costs, from the time the appeal took effect until the decision of the supreme court of appeals is entered in the order book of the court below; which damages shall be in satisfaction of all interest during that time. When the judgment, decree or order is not for the payment of any money, except costs, the damages shall be such specific sum as the supreme court of appeals may deem reasonable, not being more than one hundred dollars.(Code 1849, c. 182, §24; Code 1860, c. 182, §35; Code 1868, c. 135, §16; 1872-3, c. 16, §14; 1882, c. 157, §27; Code 1923, c. 135, §27.)

§28. Certification of Decision to Lower Court.—When any term of the supreme court of appeals is ended, or sooner, if the court so direct, the clerk thereof shall certify and by mail or otherwise transmit its decision to the clerk of the court below, except that it shall not be his duty to certify or transmit a copy of such decision unless the prevailing party shall have paid all fees due from him in the cause, and also an amount sufficient to pay the postage thereon. If any clerk shall fail to comply with this section for twenty days, except as aforesaid, he shall forfeit fifty dollars to any person aggrieved.(Code 1849, c. 182, §26; Code 1860, c. 182, §38; Code 1868, c.135, §17; 1872-3, c. 16, §15; 1882, c. 157, §28; Code 1923, c. 135, §28.)

§29. Entry and Enforcement of Judgment in Lower Court.—The court from which any case may have come to the supreme court of appeals shall enter the decision of the appellate court as its own, and execution thereon may issue accordingly. If such decision be received by the clerk of the court below in vacation, he shall enter it of record in his order book, and thereupon such execution may issue and such proceedings be had in the case as would have been proper if the decision had been entered in court.(Code 1849, c. 182, §28; Code 1860, c. 182, §41; Code 1868, c. 135, §18; 1872-3, c. 16, §16; 1882, c. 157, §29; Code 1923, c. 135, §29.)

§30. Writ of Error to Judgment Quashing Indictment.—Notwithstanding anything hereinbefore contained in this article, whenever in any criminal case an indictment is held bad or insufficient by the judgment or order of a circuit court, the State, on the application of the attorney general or the prosecuting attorney, may obtain a writ of error to secure a review of such judgment or order by the supreme court of appeals. No such writ of error shall be allowed unless the State presents its petition therefor to the supreme court of appeals, or one of the judges thereof, within thirty days after the entry of such judgment or order. No such judgment or order shall finally discharge, or have the effect of finally discharging, the accused from further proceedings on the indictment unless the State fails, within such period of thirty days, to apply for such writ of error, or fails to obtain such writ of error upon an application made within such period; but after the entry of such judgment or order the accused shall not be kept in custody or required to give bail pending the hearing and determination of the case by the supreme court of appeals. If, upon the allowance of any such writ of error, process from the supreme court of appeals cannot for any reason be served personally upon the accused, service may be made by filing a copy thereof in the clerk’s office of the court which entered such judgment or order. Every such writ of error shall be heard and determined as speedily as possible. If said court reverses the lower court, and holds the indictment good and sufficient for a trial of the accused thereon, the case shall be remanded to the court in which the indictment was found, in order that such trial may be had.

Except as herein otherwise provided, all the provisions of the other sections of this article shall, so far as appropriate, be applicable to a petition for a writ of error under this section, and to all subsequent proceedings thereon in the supreme court of appeals in ease such writ of error is allowed or granted.(1915, c. 69, §31; Code 1923, c. 135, §31.)

§31. Appeals to Supreme Court of United States.—At the instance of any party to a controversy in the supreme court of appeals who desires to present a petition to the supreme court of the United States for an appeal from, or writ of error or supersedeas to, a final decree, judgment or order therein, the supreme court of appeals during the term at which it is rendered or made, or any judge thereof within sixty days after the end of the term at which such decree, judgment or order is rendered or made, may make an order (which, if made in vacation, shall be certified by the judge to the clerk of said last mentioned court, and be entered by him in the proper order book) suspending the execution of such decree, judgment or order for ninety days after the end of the term at which it is rendered or made, when such person shall give bond before the clerk of said last mentioned court, or the clerk of the circuit court, from which the case or cause was taken to the supreme court of appeals, in such penalty as the court or judge may require, with a condition reciting such decree, judgment or order, and the intention of such person to present such petition, and providing for the payment of all such damages as any person may sustain by reason of such suspension, in case a supersedeas to such decree, judgment or order should not be allowed and be effectual within the time so specified.(1882, c. 157, §30; Code 1923, c. 135, §30.)