APPEALS AND ERRORS. 203

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.

From an order overruling a motion to strike out an unauthorized appearance 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 com-
missions. 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 following cases:

From an interlocutory judgment overruling a demurrer. Griffee v. Mann, 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 permission 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. Parkhurst 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 en-
tered. Boyd v. Kienzle, 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. Briden-
dolph 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 cases. 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. & J. 109.

For other examples of matters from which no appeal lies because they are inter-
locutory, 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 lies 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. Schulenberg, 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, 35 Md.
235; Baltimore v. Reynolds, 18 Md. 270.

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