ART. 5] APPEALS FROM COURTS OF LAW. 129

Prom an order overruling a motion to strike out an unauthorized appear-
ance of, and pleas filed by, an attorney for a garnishee in an attachment.
Albert v. Albert, 78 Md. 348.

Where a decision is made which injuriously affects the claim of a trustee
for commissions. White v. Malcolm, 15 Md. 541.

From the judgment of the county court reversing their former judgment,
and for costs. Hawkins v. Bowie, 9 G. & J. 428.

From the judgment of a court in setting aside an award made by referees
to whom the case was referred under rule of court. Garitee v. Carter, 16 Md.
309. See also, Hickley v. Stewart, 12 G. & J. 456.

A creditor may appeal from an order finally discharging an insolvent.
Waters v. Momenthy, 68 Md. 172.

From an order quashing an indictment. State v. Hodges, 55 Md. 127.

From every decision which settles a matter of right, be the decision adverse
or by consent or default. Chesapeake Bank v. McClellan, 1 Md. Ch. 330.

Where a case is tried before the court without a jury an appeal lies from
the action of the court on matters of law. Tinges v. Moale, 25 Md. 484.

Interlocutory matters.

No appeal lies in the folio icing canes:

From an interlocutory judgment overruling a demurrer. Griffee v. Maun,
62 Md. 253; Wheeler v. State, 7 Gill, 34.

From an order sustaining a demurrer to a replication. Dietrich v. Swartz.
41 Md. 196.

From judgment overruling pleas in a criminal case, and granting permis-
sion to answer the Indictment. Clare v. State, 30 Md. 164.

From an order overruling a motion for judgment by default. Smithson v.
United States, etc., Co., 29 Md. 162.

From an order overruling a motion to quash an attachment, filed after
the return day. Parkburst v. Citizens', etc., Bank, 61 Md. 259; First National
Bank v. Weckler, 52 Md. 30; Mitchell v. Chestnut, 31 Md. 527; Baldwin v.
Wright, 3 Gill, 242.

From an order allowing an amendment of a voucher in an attachment
case. Booth v. Callahan, 97 Md. 319.

Where the plaintiff voluntarily suffers a non-pros., and no final judgment is
entered. Boyd v. Klenzle, 46 Md. 301; State v. Bryan, 3 Gill, 388.

From an order overruling a motion to quash a writ. Welsh v. Davis, 7
Gill, 365; Gambrill v. Parker, 31 Md. 1.

From an order overruling a motion to quash a writ of error coram nobis.
Bridendolph v. Zeller, 3 Md. 325.

From an order granting leave to file a bill of review. Meyer v Steuart
48 Md. 423.

From an order consolidating casea. Mitchell v. Smith, 2 Md. 271.

From an order not settling the rights involved, and not denying the
means of further prosecuting or defending the suit. Hazlehurst v. Morris.
28 Md. 67; Boteler v. State, 7 G. & ,T. 109.

For other examples of matters from which no appeal lies because they are
interlocutory, see League v. State, 36 Md. 264; Magraw v. Munnikhuysen, 35
Md. 29; Gittings v. State, 33 Md. 461; McArthur v. Martin, 1 Gill, 259.

Matters in the discretion of the lower court.

No appeal lien in the following cases:

From an order refusing or granting leave to amend the pleadings. Thorne
v. Fox, 67 Md. 67; Griffee v. Mann, 62 Md. 254; Deford v. State, 30 Md. 198
Calvert v. Carter, 18 Md. 108.

From an order allowing an amendment of the voucher in an attachment
case. Booth v. Callahan, 97 Md. 319.

From the action of the court on a motion for a new trial. Zitzer v. Jones,
48 Md. 115; Baltimore, etc., Ry. Co. v. Sewell, ,35 Md. 238; Sauer v. Schulen-
berg, 33 Md. 288; Waters v. Waters, 26 Md. 53. See also, Hughes v. Jackson
12 Md. 450.

From the action of the trial court in allowing a remittitur. Post v.
Bowen, 33 Md. 235; Baltimore v. Reynolds, 18 Md. 270.

From a decision setting aside a verdict. Kierle v. Shriver, 11 G. & J. 405.
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