202 ARTICLE 5.

Appeals from Courts of Law.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1713, ch. 4. 1785, ch. 87, sec. 6. 1914, ch. 433.
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
or fine or damages, any party may appeal to the Court of Appeals; and
such appeal may be taken with or without the assent or joinder of. co-
plaintiffs or co-defendants in silch appeal.

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 jurisdiction, 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. v. Northern Central
Ry. Co., 15 Md. 193.

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.

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. & 0. R. R. Co., 33 Md. 487; Hall v. Holmes, 30 Md. 558.

From an order striking out a judgment passed after the lapse of the term at
which it was entered. Smith v. Black, 51 Md. 247; Henderson v. Gibson, 19 Md.
234; Wainwright v. Wilkinson, 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 inadvertently on
Sunday and to enter it on another day. Ecker v. First National Bank, 62 Md. 519.

Executions.

An appeal lies in the following cases:

From an order setting aside or refusing to set aside an execution. Hollingsworth
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. Graff 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 following 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 strik-
ing 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 commissioners
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 discretion. Forrester v,
Sisco, 49 Md. 586.