204 ARTICLE 5.

From the refusal of the court to grant a continuance. Hopkins v. State, 53 Md.
517; Universal, etc., Ins. Co. v. Bachus, 51 Md. 32; Miller v. Miller, 41 Md. 632;
Adams Express Co. v. Trego, 35 Md. 59.

From the determination by the lower court of the order of proof. Cumberland,
etc., R. R. Co. v. Slack, 45 Md. 176; Bannon v. Warfield, 42 Md. 39.

From an order allowing or refusing the re-examination of a witness. Swartz v.
Chickering, 58 Md. 291; Green v. Ford, 35 Md. 88; Schwartze v. Yearly, 31 Md. 270.

From the refusal to allow additional proof after the evidence has been closed.
Berry v. Derwart, 55 Md. 74; Sellers v. Zimmerman, 18 Md. 255.

From the refusal to entertain additional prayers after the prayers originally pre-
sented have been refused. Porter v. Bowers, 55 Md. 216; Weisker v. Lowenthal, 31
Md. 418.

From an order striking out a judgment on a motion filed during the term at
which the judgment was entered. McLaughlin v. Ogle, 53 Md. 610; Waters v. Engel,
53 Md. 182; Merrick v. B. & O. R. R. Co., 33 Md. 487; Bridges v. Adams, 32 Md.
577.

From the refusal of the court to strike out a judgment by default. Jackson v.
Union Bank, 6 H. & J. 152.

From an order striking out a judgment by default during the term at which it was
entered. (There is nothing in the act of 1864, ch. 6, to give such appeal.) Glenn, v.
Allison, 58 Md. 531; Craig v. Wroth, 47 Md. 281; Rutherford v. Pope, 15 Md. 581.

From an order dismissing an application for discharge on habeas corpus. Annapo-
lis v. 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 of a court of law removing a case to a court of equity. Insurance
Co. of North America v. Schall, 96 Md. 277; Summerson v. Schilling, 94 Md. 607.

From the action of the court in allowing counsel to read to the jury from a volume
of printed reports. B. & O. R. R. Co. v. Kane, 65 Md. 403; Augusta Ins. Co. v.
Abbott, 12 Md. 350.

From the determination by the lower court of the time and circumstances of
signing exceptions. Andre v. Bpdman, 13 Md. 256; Roloson v. Carson, 8 Md. 209.

From the refusal to allow additional reasons to be filed for striking out a judgment.
Herbert v. Wich, 45 Md. 476.

From an order overruling a motion to require the plaintiff to pay certain costs
before proceeding. Borr v. Wilson, 48 Md. 305.

For other examples of matters from which no appeal lies because they are in the
discretion of the lower court, see Lewin v. Simpson, 38 Md. 485; Gambrill v. Parker,
31 Md. 1; Bushey v. Culler, 26 Md. 534; Hoffman v. State, 20 Md. 435; Randall v.
Glenn, 2 Gill, 437.

Appellate or special jurisdiction.

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

As a rule, an.appeal lies from a decision of a lower court in the exercise of the usual
and general jurisdiction, but not when the lower court is acting under a special
jurisdiction, or is itself trying the case as an appellate tribunal. Swann v. Cumber-
land, 8 Gill, 150; Margraff v. Cunningham, 57 Md. 589; Cumberland, etc., R. R. Co.
v. Pennsylvania R. R. Co., 57 Md. 267; Steuart v. Steuart, 48 Md. 425; Warfield v.
Latrobe, 46 Md. 123.

There is no appeal from the action of the circuit court or the courts of Baltimore
city in the exercise of their appellate jurisdiction, unless such appeal is expressly
given, or the court exceeds its jurisdiction. Hough v. Kelsey, 19 Md. 451; State v.
Bogue, 5 Md. 352; Webster v. Cockey, 9 Gill, 92. And see Baltimore, etc., Turnpike
Co. v. Northern Central Ry. Co., 15 Md. 193.

Where by agreement an appeal from the circuit court is heard by that court in
bane, the latter decision is conclusive and cannot afterwards be reviewed by the
court of appeals. Shully v. Stoner, 47 Md. 167.

From a court exercising a special, limited, statutory jurisdiction, no appeal lies.
Carter v. 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. R. Co. v. Condon, 8 G. & J. 443.