APPEALS AND EEEORS. 205

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.

An appeal lies from an order sustaining a motion to quash the return of process
against a non-resident corporation on the ground that it was not doing business in
Maryland, where there is no one upon whom process may be served binding upon
the defendant in the jurisdiction in which the suit is instituted. State v. Pennsyl-
vania Steel Co., 123 Md. 215.

The " judgment or determination of any court," mentioned in this section, means
final judgment or determination; an appeal does not lie from interlocutory matters.
On an appeal, however, from a final judgment, rulings upon matters of law may be re-
viewed without a special exception having been taken; no exception need be taken
to a ruling holding an account filed with a narr, tantamount to a bill of particulars.
Newbold v. Green, 122 Md. 651.

An appeal lies from an order quashing a return in an attachment on judgment;
cases reviewed. The appeal will not be dismissed because there is no bill of excep-
tions if the record discloses the questions decided by the lower court. Sharpless
Separator Co. v. Brilhart, 129 Md. 85.

Where an appeal is taken while a motion for new trial is still pending and before
final judgment, it will be dismissed; correction of record of lower court. Md., Del.
& Va, Rwy. v. Johnson, 129 Md. 414.

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 v. 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.

If there ever was any difficulty in a plaintiff appealing from a judgment in favor
of one defendant where there was a judgment for the plaintiff against the other de-
fendant, the act of 1914, ch. 433, shows the tendency of the legislature, though it
may not, strictly speaking, cover the case. Law prior to 1914. Baitary v. Smith,
140 Md. 440.

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.

Though a first appeal b.e 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. Jenkins, 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 v. 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 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 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 sec-
tion is not repealed by the act of 1892, ch. 506, relating to criminal cases. Salfner v.
State, 84 Md. 299. See also Bramble y. State, 88 Md. 687.

No appeal lies under this section in cases of forcible entry and detainer. Isaac v.
Clarke, 9 G. & J. 114.

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 construction.
O'Hern v. Browning, 33 Md. 475.