APPEALS AND ERBOES. 223

A guardian ad litem is a party to the cause within the meaning of this section.
Thomas v. Levering, 73 Md. 461.

An attorney cannot appeal in his own name and on his own motion, from an
order or judgment affecting his clients. Brune v. Lanahan, 60 Md. 515.

Appeal dismissed because appellants were not proper parties to appeal. Isaac v.
Emery, 64 Md. 333.

Parties held proper on appeal. Buchanan v. Patterson, 94 Md. 534.

Auditors and accounts.

An appeal lies from an order ratifying an auditor's report and directing the pro-
ceeds to be applied accordingly. Pfeaff v. Jones, 50 Md. 269; Wayman v. Jones, 4
Md. Ch. 501.

An appeal lies from an, order settling the right of a party to a credit; determin-
ing that the written contract does not express the true agreement and referring the
case to an auditor. Connor v. Groh, 90 Md. 680.

An appeal lies from an informal order upon exceptions to an auditor's account,
which, however, is unequivocal and finally decisive. McGonigal v. Plummer, 30
Md. 422.

No appeal from a decree directing an accounting. Snowden v. Dorsey, 6 H. &
J. 114; Hungerford v. Bourne, 3 G. & J. 142.

An appeal from an order referring a cause to an auditor with directions as to the
mode of stating an account, is not authorized by the act of 1830, ch. 185. Darring-
ton v. Rogers, 1 Gill, 403. See also Wheeler v. Stone, 4 Gill, 39; Clagett v. Craw-
ford, 12 G. & J. 275.

No appeal from an order suspending a sale and referring the papers to an auditor.
Equitable, etc., Assn. v. Becker, 45 Md. 635.

Where a trusteeship has been referred to a special auditor for an accounting with
power to examine witnesses, etc., an order of court directing such auditor to take
testimony, etc., is superfluous, and no appeal lies from a refusal to pass such order.
Morris v. Bright, 126 Md. 289.

Generally.

The court of appeals alone determines when an appeal will lie. Wylie v. Johnston,
29 Md. 298; Keighler v. Savage, etc., Co., 12 Md. 413; Chesapeake Bank v. Mc-
Clellan, 1 Md. Ch. 330; Thompson v. McKim, 6 H. & J. 302.

An appeal lies under this section from a decree ratifying an inquisition of lunacy
under art. 16, sec. 117, et seq. Ex parte Bristor, 115 Md. 618.

When a receiver may appeal. No appeal lies from an order allowing a receiver
to appeal, nor from an order overruling a demurrer to the petition of a receiver
asking permission to appeal. Beilman v. Poe, 120 Md. 446.

Question whether an order sustaining a demurrer to so much of a petition as
attacked the lower court's jurisdiction, was one from which an appeal should have
been taken within two months from its date, not passed on. Cases reviewed. Bliss
v. Bliss, 133 Md. 68.

From an order in the nature of a final decree from which an appeal lies under this
section, there can be no appeal under sec. 32. Peoples v. Ault, 117 Md. 635; Bliss v.
Bliss, 133 Md. 68.

An appeal taken and the record transmitted in due time, inasmuch as such ap-
peal was under this section and not under sec. 35. Powell v. Mackenzie, 137 Md. 275.

An order setting a motion to dissolve an injunction down for hearing is not
appealable under this section. Warfield v. Valentine, 130 Md. 596.

An appeal from a portion of the opinion of the lower court will be dismissed.
Hobbs v. Payne, 127 Md. 290.

See notes to sec. 31.

No appeal from the opinion of the lower court; a decree must be entered. Phillips
v. Pearson, 27 Md. 242. And see Hungerford v. Bourne, 3 G. & J. 142. See also
Roberts v. Salisbury, 3 G. & J. 433.

A trustee may appeal from the disallowance of his commissions. Gustav, etc.,
Bldg. Assn. v. Kratz, 55 Md. 398.

No appeal from an order refusing to rescind a previous order appointing a receiver.
Hull v. Caughy, 66 Md. 105.

An order directing a receiver to retain a certain sum to abide the result of an
action at law, and providing that if the plaintiff therein should recover a judgment,
he should be treated by the receiver as a general creditor, is final and an appeal lies
therefrom. Emory v. Faith, 113 Md. 256.