128 APPEALS AND ERRORS. [ART. 5

Appeals from Courts of Law.

1904, art. 5, sec. 2. 1888, art. 5, sec. 2. 1860, art. 5, sec. 3. 1713, ch. 4.
1785, ch. 87, sec. 6.

2. From any judgment or determination of any court of law in
any civil suit or action, or in any prosecution for the recovery of any
penalty, fine or damages, any party may appeal to the court of appeals

Jurisdiction.

When the lower court exceeds'its Jurisdiction, an appeal lies. Gibson
v. Cook, 62 Md. 260; Kinnear v. Lee, 28 Md. 488.

From an order passed by a court after a case has gone from its jurisdic-
tion, an appeal lies. Price v. Taylor, 21 Md. 366.

Whether an appeal lies in cases of certiorari. depends upon whether the
court upon a return of the writ exercises a quasi appellate power, or
whether the writ is sued out to test the power or Jurisdiction of the lower
court. In the first case, there is no appeal: contra in the second case.
Baltimore, etc., R. R. Co. 1;. Northern Central By. Co., 15 Md. 193.

Striking out judgments.

An appeal lies in the following cases:

From an order refusing to strike out a Judgment at the term at which
it was rendered. Merrick v. B. & O. R. R. Co.. 33 Md. 487; Hall v. Holmes,
30 Md. 558.

From an order passed after the lapse of the term setting aside an
the term at which it was entered. Smith v. Black, 51 Md. 247; Henderson v.
Gibson. 19 Md. 234; Wainwright v. Wilkinsou, 62 Md. 148.

From an order striking out a final Judgment of inquisition after the lapse
of the term, though the judgment by default be allowed to stand. Green v.

Hamilton. 16 Md. 317.

From an order overruling a motion to strike out for cause the verdict
of a jury of inquisition and judgment thereon. Walsh v. State, 53 Md. 539.

From the refusal of the court to strike out a judgment entered inad-
ventently on Sunday and to enter it on another day. Ecker v. First National
Bank, 62 Md. 519.

Executions.

An appeal lies in the followiing cases:

From an order setting aside or refusing to set aside an execution. Hollings-
worth v. Floyd. 2 H. & G. 87; Wilmer v. Harris, 5 H. & J. 1.

From an order passed after the lapse of the term setting aside an
execution, striking out a judgment of condemnation in an attachment, and
directing the case to be brought forward by continuances. Graft v. Merchants '
& Miners, etc., Co., 18 Md. 364.

From an order staying execution on a judgment. Greff v. Fickey, 30 Md.
75.

Generally.

An appeal lies in the followling cases:

From an order of court on a matter partly within and partly beyond its
discretion. Negroes Bell v. Jones, 10 Md. 322.

From the refusal of the court to bring forward a case by continuances
after striking out a judgment. Munnikhuysen v. Dorsett. 2 H. & G. 374.

From an order refusing to correct an unauthorized entry of non-suit.
Wainwright, v. Wilkinson, 62 Md. 148.

From the Baltimore city court reviewing the proceedings of the com-
missioners for Opening Streets under statute. Page v. Baltimore, 34 Md. 558.

From a judgment entered upon an inquisition, except where a special
jurisdiction has been conferred to confirm or reject the inquisition at dis-
cretion. Forrester v. Sisco, 49 Md. 586.

From the refusal of the court to allow a defendant to plead "limitations"
to a declaration which the court has allowed the plaintiff to amend. Schulze
v. Fox, 53 Md. 43.