220 ARTICLE 5.

trial cannot be had in the court where the judgment so reversed shall have
been rendered, shall direct their clerk to transmit a copy of the record to
the clerk of the court of some other county or city, with an order to such
court, directing them to proceed in such action, and to a new trial thereof,
in the same manner as if no trial had taken place, and as if such action had
been originally instituted in such court.

This section was not intended to include criminal prosecutions, nor does it show
an intention to enlarge the right of removal. Fountain v. State, 135 Md. 88.

This section has no application if the party applying for removal has exercised
such right already. State v. B. & 0. R. R. Co., 69 Md. 348.

Cited but not construed in United Rys. Co. v. Corbin, 109 Md. 56.

As to the removal of cases, see art. 75, sec. 109, et seq.

An. Code, sec. 24. 1904, sec. 24. 1888, sec. 22. 1831, ch. 203.

28. If an appeal or writ of error be dismissed when taken on any order
of the court antecedent to final judgment, and no final judgment shall have
been rendered, it shall be the duty of the said court, on application of any
of the parties, to order continuances in said case to be entered, and the
same to be proceeded with in the same manner and with the same effect as
if no such appeal or writ of error had been taken or sued out; and either
party may make such suggestion and new parties as could have been made
if no appeal had been taken in the case; provided, the court shall be satis-
fied by the certificate of the clerk of the court of appeals, or other proper
evidence, that the said appeal or writ of error has been dismissed.

An. Code, sec. 25. 1904, sec. 25. 1888, sec. 23. 1806, ch. 90, sec. 5.

29. Where writs of error coram vobis are pending in the court of ap-
peals, and it shall appear to the court necessary to try any matter of fact
put in issue by the pleadings in the case, the court may direct a transcript
of the record to the court where the defendant named in the original action
may reside, or to such other court as the parties in the said cause may agree
upon; and the court to which such transcript shall be transmitted, shall pro-
ceed in such action, and to a trial of the facts put in issue.

Appeals from Courts of Equity.

An. Code, sec. 26. 1904, sec. 26. 1888, sec. 24. 1729, ch. 3, sec. 3. 1785, ch. 72, sec. 27.

1814, ch. 94, sec. 5. 1818, ch. 193, sec. 1. 1819, ch. 144, sec. 4.

1826, ch. 200, sec. 14. 1830, ch. 185, sec. 1. 1864, ch. 156.

30. An appeal shall be allowed from any final decree, or order in the
nature of a final decree, passed by a court of equity by any one or more of
the persons parties to the suit, with or without the assent or joinder of
plaintiffs or co-defendants in such appeal; provided that if the court of
appeals shall affirm the decree of the court below, they shall not award
costs of the appeal against any one except the appellant.

Matters in discretion of court.

No appeal:

From an order appointing a trustee, though the court gives an erroneous reason
for its action. Howard v. Waters, 19 Md. 529.

From an order allowing an amendment of the pleadings. State v. Brown, 64 Md.
208.