ART. 5.] APPEALS. 23

been made if no appeal had been taken in the case; Provided, the
court shall be satisfied by the certificate of the clerk of the Court
of Appeals, or other proper evidence, that the said appeal or writ
of error has been dismissed.

19. Where writs of error coram vobis are pending in the
Court of Appeals, and it shall appear to the court necessary to
try any matter of fact put in issue by the pleadings in the
case, the court may direct a transcript of the record to the
court where the defendant named in the original action may
reside, or to such other court as the parties in the said cause
may agree upon, and the court to which such transcript shall
be transmitted, shall proceed in such action, and to a trial of
the facts put in issue.

APPEALS FROM COURTS OF EQUITY.

20. An appeal shall be allowed from any final decree, or order
in the nature of a final decree, passed by a court of equity;
Provided, such appeal be taken within nine months from the time
of making such decree or order, and not afterwards, unless it
shall be alleged on oath that such order was obtained by fraud
or mistake.

21. An appeal may also be allowed in the following cases,
to wit: From any order granting an injunction, or from a refusal
to dissolve the same; or an order appointing a receiver, the
answer of the party appealing being first filed in the cause;
from an order dissolving an injunction; from an order for the
sale, conveyance, or delivery of real or personal property, or the
payment of money, unless such delivery or payment be directed
to be made to a receiver appointed by such court; or from an
order determining a question of right between the parties,
and directing an account to be stated on the principle of such
determination.

22. On an appeal from a final decree or order, all previous
orders which may have passed in the cause shall be open for
revision in the Court of Appeals, unless an appeal under the
next preceding section may have previously been taken to
such order.

23. No appeal from any order shall stay the execution or sus-
pend the operation of such order unless the party praying the

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