ART. IV ] JUDICIARY DEPARTMENT. 77

grant a mandamus, certiorari or other appropriate writ, in aid of its appel-
late jurisdiction. Eos parte O'Neill, 8 Md. 227; Sevinskey v. Wagus, 76 Md.
336; Hendrick v. State, 115 Md. 558.

The act of 1835, chapter 339, authorizing any party to a clause to have a
transcript of chancery proceedings transmitted to the court of appeals for
the purpose of getting its opinion touching the validity of certain acts and
on such other points as the parties might by agreement have submitted to
the lower court, held unconstitutional. Lawrence v. Hicks, 2 G. & J. 386.

An appeal lies from the order of the court of common pleas removing
a trustee in insolvency and dismissing a petition for the benefit of the
insolvent laws; such right of appeal is not taken away by section 28.
Van Nostrand v. Oarr, 30 Md. 130.

As to appeals, see article 5 of the Annotated Code.

Sec. 15. Four of said Judges shall constitute a quorum; no cause
shall he decided without the concurrence of at least three; but the Judge
who heard the cause below shall not participate in the decision; in
every case an opinion, in writing, shall be filed within three months
after the argument or submission of the cause; and the judgment of
the court shall be final and conclusive; and all cases shall stand for
hearing at the first term after the transmission of the record.

The portion of this section requiring a written opinion to be filed within
three months, is directory and not mandatory. Reargument denied. Mc-
Call's Perry Co. v. Price, 108 Md. 112.

The portion of this section requiring a written opinion in every case and
providing that the judgment of the court shall be final and conclusive, held
not to require the court of appeals to express opinions upon moot questions
or abstract propositions; this section contemplates some action by the
court of appeals which will be effective and binding. State v. Shields, 49
Md. 305.

The portion of this section requiring a written opinion to be filed in three
months, construed not to apply where a case is affirmed because the judges
of the court of appeals are equally divided. Johns v. Johns, 20 Md. 61.

The portion of this section providing that "the judgment of the court
shall be final and conclusive," applied in a habeas corpus case. State v.
Glenn, 54 Md. 595.

The act of 1872, chapter 310, purporting to authorize the court of appeals
to reopen and rehear certain cases and pass such judgment, decrees, etc.,
us right and justice require, held invalid under the portion of this section
providing that the "judgment of the court shall be final and conclusive;"
except for special cases and on certain equitable grounds, courts may not
interfere with or disturb their final judgments and decrees after the lapse
of the term at which they were rendered. Dorsey v. Gary, 37 Md. 74.

An appeal held to have been regularly placed on the docket of the court
of appeals under this section and article 5. section 39, of the Annotated
Code. After a judgment has become enrolled and an appeal therefrom
entered, bond to stay execution filed and the record transmitted to the
court of appeals, the trial court has no jurisdiction to entertain a .motion
to strike out the judgment on the ground of surprise and fraud. United
Eys. Co. v. Corbin, 100 Md. 54.

In view of the last clause of this section, the necessity for a rule argu-
ment no longer exists and such rules are never laid. Moore v. Taylor, 81
Md. 649.

Sec. 16. Provision shall be made by law for publishing reports of
all causes argued and determined in the Court ,of Appeals, which the
Judges shall designate as proper for publication.
See article 80, section 5, of the Annotated Code.