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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 226   View pdf image (33K)
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226 ARTICLE 5.

Wright, 60 Md. 521; Blackburn v. Craufurd, 22 Md. 447; Haight v. Burr, 19 Md.
133; Hyde v. Ellery, 18 Md. 500; Roman v. Strauss, 10 Md. 89; Guyton v. Flack,
7 Md. 402; Alexander v. Worthington, 5 Md. 477; Wagner v. Cohen, 6 Gill, 101.

A party may waive his rights under this section and bring matters falling here-
under up for review under sec. 32. Ware v. Richardson, 3 Md. 555; Davis v. Gem-
mell, 73 Md. 554; Wilhelm v. Caylor, 32 Md. 161.

The right of appeal under this section is not defeated by setting the case down
for final hearing and reserving other questions for further consideration. Griffith v.
Clark, 18 Md. 463.

This section held to have no application. Wickes v. Wickes, 98 Md. 334; Keifer v.
Reichert, 93 Md. 98; Tome v. Stump, 89 Md. 272; Swift v. Manufacturers' Bank,
69 Md. 234; Burroughs v. Gaither, 66 Md. 192; Equitable, etc., .Assn. v. Becker,
45 Md. 635; Dillon v. Connecticut, etc., Co., 44 Md. 395; Chenoweth v. Smith,
29 Md. 22.

Cited but not construed in Bailey v. Jones, 107 Md. 410; Monumental, etc., Co. v.
Wilkinson, 100 Md. 32; Godwin v. Banks, 89 Md. 686; Barton v. Higgins, 41 Md.
546; Wylie v. Johnston, 29 Md. 303; Everett v. State, 28 Md. 206; Northern Central
Ry. Co. v. Canton Co., 24 Md. 506; Baltimore v. B. & O. R. R. Co., 21 Md. 80;
State v. Northern Central Ry. Co., 18 Md. 210

This section referred to in construing secs. 30 and 32—see notes thereto. Peoples
v. Ault, 117 Md. 635; Bliss v. Bliss, 133 Md. 68.

This section referred to in construing art. 16, sec. 243—see notes thereto. Beggs v.
Erb, 138 Md. 352.

As to special hearings, see sec. 44.

See notes to secs. 30, 40 and 41.

An. Code, sec. 28. 1904, sec. 28 1888, sec. 26. 1830, ch. 185, sec. 1. 1845, ch. 367, sec. 3.
32, On an appeal from a final decree or order, all previous orders
which may have been passed in the cause shall be open for revision in the
court of appeals, unless an appeal under the preceding section shall have
been previously taken from such order.

In connection with sec. 31.

A party may waive his rights under sec. 31 and bring matters embraced there-
under up for review under this section. Davis v. Gemmell, 73 Md. 554; Wilhelm v.
Caylor, 32 Md. 161; Ware v. Richardson, 3 Md. 555.

This section limits the right of review to those " previous orders" specified in
sec. 31. Tome v. Stump, 89 Md. 271.

Application of this section.

If an appeal lies under sec. 30. this section has no application. See notes to sec. 30.
Gardiner v. Baltimore, 96 Md. 382.

This section has no application to interlocutory orders passed by consent, and
acted on. Godwin v. Banks, 89 Md. 686.

This section applied. Emory v. Faith, 113 Md. 256; Bailey v. Jones, 107 Md. 410;
Slingluff v. Hubner, 101 Md. 657; Keifer v. Reichert, 93 Md. 99; Tayhern v. Na-
tional Mechanics Bank, 57 Md. 596; Reiff v. Horst, 55 Md. 45; Meakin v. Duvall
43 Md. 378; Barton v. Higgins, 41 Md. 546; Phelps v. Stewart, 17 Md. 242; Stem v.
Cox, 16 Md. 538.

Generally.

Words " all previous orders," are as comprehensive as " all previous orders and
decrees." Bull v. Pyle, 41 Md. 422; Frostburg v. Tiddy, 63 Md. 519.

There can be no appeal under this section from an order in the nature of a final
decree from which an appeal lies under sec. 30. Under this section all orders, in-
cluding those mentioned in sec. 31, from which no appeals have been previously
taken, are subject to revision upon appeal from a final decree. Peoples v. Ault,
117 Md. 635.

Where a demurrer to a part of a bill is overruled, such interlocutory order is re-
viewable under this section. Hendriekson v. Standard Oil Co., 126 Md. 583.

On appeal from an order revising a final audit, all previous orders and decrees
are open for review. Walsh v. Boyle, 30 Md. 268.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
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