286 ARTICLE 5

Jurisdiction.

When the lower court exceeds its jurisdiction, an appeal lies Gibson v Cook,
62 Md 260, Kinnear v Lee, 28 Md 488

From an order passed by a court after a case has gone from its jurisdiction, an appeal
Les Price v Taylor, 21 Md 366

Whether an appeal lies m 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, R R Co v Northern Central Ry Co,
15 Md 193

Where a limited tribunal goes beyond its jurisdiction, its decision amounts to nothing
and does not create the necessity for an appeal Baltimore v Porter, 18 Md 302

Striking out judgments.

An appeal lies in the following cases

From an order refusing to strike out a judgment at the term at which it was ren-
dered Merrick v B & O R R Co, 33 Md 487, Hall v Holmes, 30 Md 558

From an order striking out a judgment passed after the lapse of the term at which it
was entered Smith v Black, 51 Md 247, Henderson v Gibson, 19 Md 234, Wain-
wright v Wilkinson 62 Md 148

From an order striking out a final judgment of inquisition after the lapse of the term,
though the judgment by default be allowed to stand Green v Hamilton, 16 Md 317

From an order overruling a motion to strike out for cause the verdict of a jury of
inquisition and judgment thereon Walsh v State, 53 Md 539

From the refusal of the court to strike out a judgment entered inadvertently on
Sunday and to enter it on another day Ecker v First National Bank, 62 Md 519

Executions.

An appeal lies in the following cases

From an order setting aside or refusing to set aside an execution Hollingsworth v
Floyd, 2 H & G 87, Wilmer v Harris, 5 H & J 1

From an order passed after the lapse of the term setting aside an execution, striking
out a judgment of condemnation in an attachment, and directing the case to be
brought forward by continuances Graff v Merchants & Miners, etc, Co, 18 Md 364

From an order staying execution on a judgment Greff v Fickey, 30 Md 75

Generally

An appeal lies in the following cases

From an order of court on a matter partly within and partly beyond its discretion
Negroes Bell v Jones, 10 Md 322

From the refusal of the court to bring forward a case by continuances after striking
out a judgment Munnikhuysen v Dorsett, 2 H & G 374

From an order refusing to correct an unauthorized entry of non-suit Wainwright v
Wilkinson, 62 Md 148

From the Baltimore city court reviewing the proceedings of the commissioners for
opening streets under statute Page v Baltimore, 34 Md 558

From a judgment entered upon an inquisition, except where a special jurisdiction has
been conferred to confirm or reject the inquisition at discretion Forrester v Sisco,
49 Md 586

From the refusal of the court to allow a defendant to plead "limitations" to a declara-
tion which the court has allowed the plaintiff to amend Schulze v Fox, 53 Md 43

From an order overruling a motion to strike out an unauthorized appearance of, and
pleas filed by, an attorney for a garnishee in an attachment Albert v Albert, 78 Md 348

Where a decision is made which injuriously affects the claim of a trustee for com-
missions White v Malcolm, 15 Md 541

From the judgment of the county court reversing their former judgment, and for costs
Hawkins v Bowie, 9 G & J 428

From the judgment of a court in setting aside an award made by referees to whom
the case was referred under rule of court Garitee v Carter, 16 Md 309 See also Hickley
v Stewart, 12 G & J 456

A creditor may appeal from an order finally discharging an insolvent Waters v
Momenthy, 68 Md 172

From an order quashing an indictment State v Hodges, 55 Md 127

From every decision which settles a matter of right, be the decision adverse or
by consent or default Chesapeake Bank v McClellan, 1 Md Ch 330

Where a case is tried before the court without a jury an appeal lies from the action
of the court on matters of law Tinges v Moale, 25 Md. 484

Interlocutory matters.

No appeal lies in the following cases

From an interlocutory judgment overruling a demurrer Griffee v Mann, 62 Md 253,
Wheeler v State, 7 Gill 34
From an order sustaining a demurrer to a replication Dietrich v Swartz, 41 Md 196