ART. 5] APPEALS FROM COURTS OF LAW. 131
From a court exercising a special, limited, statutory jurisdiction, no appeal
lies. Carter r. Dennison, 7 Gill, 158. See also, Williams v. Williams, 5 Gill,
85; Chase v. Glenn, 1 H. & G. 160.
No appeal lies from an order of the circuit court confirming an inquisition
unless the court exceeds its Jurisdiction. George's Creek, etc., Co. v. New
Central, etc., Co.. 40 Md. 425; Wilmington, etc., R. K. Co. v. Condon, 8
G. & J. 443.
Generally.
An appeal from a final Judgment brings up for review the action of the
trial court upon demurrers to pleas and replications. No bill of exception
or writ of error is necessary. Kendrick v. Warren, 110 Md. 76; Schindel v.
Suman, 13 Md. 310; Tucker v. State. 11 Md. 322; Lawson v. Snyder, 1 Md.
77. And see Boteler v. State, 7 G. & J. 109.
Where a limited tribunal goes beyond Its jurisdiction, its decision amounts
to nothing and does not create the necessity for an appeal. Baltimore v.
Porter, 18" Md. 302.
From the refusal of the trial court to sign and seal a bill of exceptions,
no appeal lies. Marsh v, Hand, 35 Md. 125.
The court of appeals alone determines when an appeal will lie. Lester
v. Howard. 24 Md. 233: Keighler 1;. Savage, etc.. Co., 12 Md. 413.
An appeal under this section in criminal cases, must be taken from a
judgment upon demurrer or motion in arrest, or the facts must be spread
upon the record by a special verdict or special finding, or by an agreed
statement of facts. State v. Williams, 85 Md. 234.
Where a Judgment is rendered jointly against several defendants, all of
them must unite in the appeal unless there be summons and severance.
The court of appeals will, however, If applied to, order summons and
severance and refuse to dismiss the appeal. Mottu v. Primrose, 23 Md. 492;
Cumberland, etc., Co. v. Jeffries, 21 Md. 375. See also, Price v. Thomas,
4 Md. 520.
Though a first appeal be withdrawn, a second may be entered if within
the time allowed by law; contra, however, if execution is issued after the
first appeal is withdrawn. Hay v. Jeukins, 28 Md. 564; Ward v. Hollins,
14 Md. 158.
If a valid agreement not to appeal is proven in the court of appeals,
the appeal will be dismissed. Lester r. Howard. 24 Md. 233; Ward v. Hollins,
14 Md. 158-
From the decision of a lower court as to the correctness of its records,
no appeal lies. Greff v. Fickey, 30 Md. 75.
From an order dismissing an application for discharge on habeas corpus.
no appeal lies. Annapolis r. Howard, 80 Md. 245: State v. Boyle, 25 Md.
509; Ex Parte Coston, 23 Md. 271; Bell v. State, 4 Gill, 301.
From an order imposing a fine for contempt, no appeal lies. State v.
Stone, 3 H. & McH. 115.
Under this section, an appeal lies on questions of law apparent on the
face of the record in prosecutions for the recovery of any penalty, fine or
damages. This section Is not repealed by the act of 1802, ch. 506, relating
to criminal cases. Salfner v. State, 84 Md. 299. See also, Bramble v.
State, 88 Md. 687.
No appeal lies under this section in cases of forcible entry and detainer.
Isaac v. Clarke, 9 G. & J. 114.
A sheriff cannot appeal from an order directing him to bring money
arising from an execution into court. Sanderson v. Alcock, 9 G. & J. 165.
When an insolvent trustee may appeal. Salmon v. Pierson, 8 Md. 297;
Teackle v. Crosby, 14 Md. 23.
The right of appeal is not to be abridged by a narrow or technical con-
struction. O'Hern v. Browning. 33 Md. 475.
The Jurisdiction of the court of appeals is defined and limited, and can
not be extended beyond those limits. Wylie v. Johnson, 29 Md. 298.
From a Judgment by the party in whose favor it was rendered, no
appeal lies. Coates v. Mackey, 56 Md. 420.
This section applied. Davidson v. State, 77 Md. 395; Rawlings, v. State,
1 Md. 127.
See also, sections 39 to 52.
|