288 ARTICLE 5

Appellate or special jurisdiction.

Whether an appeal lies in 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, Turnpike Co v Northern Central Ry Co,
15 Md 193

As a rule, an appeal lies from a decision of a lower court in the exercise of the usual
and general jurisdiction, but not when the lower court is acting under a special juris-
diction, or is itself trying the case as an appellate tribunal Swann v Cumberland,
8 Gill, 150, Margraff v Cunningham, 57 Md 589, Cumberland, etc, R R Co v
Pennsylvania R R Co, 57 Md 267, Steuart v Steuart, 48 Md 425, Warfield v Latrobe,
46 Md 123

There is no appeal from the action of the circuit court or the courts of Baltimore city
in the exercise of their appellate jurisdiction, unless such appeal is expressly given,
or the court exceeds its jurisdiction Hough v Kelsey, 19 Md 451, State v Bogue,
5 Md 352, Webster v Cockey, 9 Gill, 92 And see Baltimore, etc, Turnpike Co v
Northern Central Ry Co, 15 Md 193

Where by agreement an appeal from the circuit court is heard by that court in
bane, the latter decision is conclusive and cannot afterwards be reviewed by the court
of appeals Shully v Stoner, 47 Md 167

From a court exercising a special, limited, statutory jurisdiction, no appeal lies
Carter v Dennison, 7 Gill, 158 See also Williams v Williams, 5 Gill, 85, Chase v
Glenn, 1 H & G 160

No appeal lies from an order of the circuit court confirming an inquisition unless
the court exceeds its jurisdiction George's Creek, etc, Co v New Central, etc, Co,
40 Md 425, Wilmington, etc, R R Co v Condon, 8 G & J 443

Generally

An appeal from a final judgment brings up for review the action of the trial court
upon demurrers to pleas and replications No bill of exception or writ of error is
necessary Kendrick v Warren, 110 Md 76, Schindel v Suman, 13 Md 310, Tucker v
State, 11 Md 322, Lawson v Snyder 1 Md 77 And see Boteler v State, 7 G & J 109

An appeal lies from an order sustaining a motion to quash the return of process
against a non-resident corporation on the ground that it was not doing business in
Maryland, where there is no one upon whom process may be served binding upon
the defendant in the jurisdiction in which the suit is instituted State v Pennsylvania
Steel Co, 123 Md 215

The "judgment or determination of any court, " mentioned in this section, means
final judgment or determination, an appeal does not he from interlocutory matters
On an appeal, however, from a final judgment, rulings upon matters of law may be re-
viewed without a special exception having been taken, no exception need be taken
to a ruling holding an account filed with a narr tantamount to a bill of particulars
Newbold v Green, 122 Md 651

An appeal lies from an order quashing a return in an attachment on judgment, cases
reviewed The appeal will not be dismissed because there is no bill of exceptions if
the record discloses the questions decided by the lower court Sharpless Separator Co v
Brilhart, 129 Md 85

Where an appeal is taken while a motion for new trial is still pending and before
final judgment, it will be dismissed, correction of record of lower court Md, Del &
Va Rwy v Johnson, 129 Md 414

From the refusal of the trial court to sign and seal a bill of exceptions, no appeal lies
Marsh v Hand, 35 Md 125

The court of appeals alone determines when an appeal will he Lester v Howard,
24 Md 233, Keighler v Savage, etc, Co, 12 Md 413

An appeal under this section m criminal cases must be taken from a judgment upon
demurrer or motion in arrest, or the facts must be spread upon the record by a special
verdict or special finding, or by an agreed statement of facts State v Williams,
85 Md 234

Where a judgment is rendered jointly against several defendants, all of them must
unite in the appeal unless there be summons and severance The court of appeals will,
however, if applied to, order summons and severance and refuse to dismiss the appeal
Mottu v Primrose, 23 Md 492, Cumberland, etc, Co v Jeffries, 21 Md 375 See
also Price v Thomas, 4 Md 520

If there ever was any difficulty in a plaintiff appealing from a judgment in favor
of one defendant where there was a judgment for the plaintiff against the other de-
fendant, the act of 1914, ch 433, shows the tendency of the legislature though it may
not, strictly speaking, cover the case Law prior to 1914 Bartary v Smith, 140 Md 440

A sheriff cannot appeal from an order directing him to bring money arising from an
execution into court Sanderson v Alcock, 9 G & J 165

Though a first appeal be withdrawn a second may be entered if within the time
allowed by law, contra, however, if execution is issued after the first appeal is with-
drawn Hay v Jenkins, 28 Md 564, Ward v Hollins 14 Md 158