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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 287   View pdf image (33K)
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APPEALS AND ERRORS 287

From judgment overruling pleas in a criminal case, and granting permission to answer
the indictment Clare v State, 30 Md 164

From an order overruling a motion for judgment by default Smithson v United
States, etc, Co, 29 Md 162

From an order overruling a motion to quash an attachment, filed after the return
day Parkhurst v Citizens', etc, Bank, 61 Md 259, First National Bank v Weckler,
52 Md 30, Mitchell v Chestnut, 31 Md 527, Baldwin v Wright, 3 Gill, 242

From an order allowing an amendment of a voucher in an attachment case Booth v
Callahan, 97 Md 319

Where the plaintiff voluntarily suffers a non-pros, and no final judgment is entered
Boyd v Kienzle, 46 Md 301, State v Bryan, 3 Gill, 388

From an order overruling a motion to quash a writ Welsh v Davis, 7 Gill, 365,
Gambrill v Parker, 31 Md 1

From an order overruling a motion to quash a writ of error coram nobis Bridendolph
v Zeller, 3 Md 325

From an order granting leave to file a bill of review Meyer v Steuart, 48 Md 423

From an order consolidating cases Mitchell v Smith, 2 Md 271

From an order not settling the rights involved, and not denying the means of further
prosecuting or defending the suit Hazlehurst v Moms, 28 Md 67, Boteler v State,
7 G & J 109

For other examples of matters from which no appeal lies because they are inter-
locutory, see League v State, 36 Md 264, Magraw v Munnikhuysen, 35 Md 29,
Gittings v State, 33 Md 461, McArthur v Martin, 1 Gill, 259

Matters in the discretion of the lower court.

No appeal lies in the following cases

From an order refusing or granting leave to amend the pleadings Thorne v Fox,
67 Md 67, Griffee v Mann, 62 Md 254, Deford v State, 30 Md 198, Calvert v. Carter,
18 Md 108

From an order allowing an amendment of the voucher in an attachment case
Booth v Callahan, 97 Md 319

From the action of the court on a motion for a new trial Zitzer v Jones, 48 Md 115;
Baltimore, etc, Ry Co v Sewell, 35 Md 238, Sauer v Schulenberg, 33 Md 288,
Waters v Waters, 26 Md 53 See also Hughes v Jackson, 12 Md 450

From the action of the trial court in allowing a remittitur Post v Bowen, 35 Md 235,
Baltimore v Reynolds, 18 Md 270

From a decision setting aside a verdict Kierle v Shriver, 11 G & J 405

From the refusal of the court to grant a continuance Hopkins v State, 53 Md 517,
Universal, etc, Ins Co v Bachus, 51 Md 32, Miller v Miller, 41 Md 632, Adams
Express Co v Trego, 35 Md 59

From the determination by the lower court of the order of proof Cumberland, etc,
R R Co v Slack, 45 Md 176, Bannon v Warfield, 42 Md 39

From an order allowing or refusing the re-examination of a witness Swartz v
Chickering, 58 Md 291, Green v Ford, 35 Md 88, Schwartze v Yearly, 31 Md 270

From the refusal to allow additional proof after the evidence has been closed
Berry v Derwart, 55 Md 74, Sellers v Zimmerman, 18 Md 255

From the refusal to entertain additional prayers after the prayers originally presented
have been refused Porter v Bowers, 55 Md 216, Weisker v Lowenthal, 31 Md 418

From an order striking out a judgment on a motion filed during the term at which
the judgment was entered McLaughlin v Ogle, 53 Md 610, Waters v Engel, 53 Md
182, Merrick v B & O R R Co, 33 Md 487, Bridges v Adams, 32 Md 577

From the refusal of the court to strike out a judgment by default Jackson v
Union Bank, 6 H & J, 152

From an order striking out a judgment by default during the term at which it was
entered (There is nothing in the act of 1864, ch 6, to give such appeal) Glenn v
Allison, 58 Md 531, Craig v Wroth, 47 Md 281, Rutherford v Pope, 15 Md 581

From an order dismissing an application for discharge on habeas corpus 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 of a court of law removing a case to a court of equity Insurance Co
of North America v Schall, 96 Md 277, Summerson v Schilling, 94 Md 607

From the action of the court in allowing counsel to read to the jury from a volume
of printed reports B & O R R Co v Kane, 65 Md 403j Augusta Ins Co v Abbott,
12 Md 350

From the determination by the lower court of the time and circumstances of sign-
ing exceptions Andre v Bodman, 13 Md 256, Roloson v Carson, 8 Md 209

From the refusal to allow additional reasons to be filed for striking out a judgment
Herbert v Wich, 45 Md 476

From an order overruling a motion to require the plaintiff to pay certain costs be-
fore proceeding Borr v Wilson, 48 Md 305

For other examples of matters from which no appeal lies because they are m the
discretion of the lower court, see Lewin v Simpson, 38 Md 485, Gambrill v Parker,
31 Md 1, Bushey v Culler, 26 Md 534, Hoffman v State, 20 Md 435, Randall v Glenn,
2 Gill, 437.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 287   View pdf image (33K)
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