APPEALS AND ERRORS 289

If a valid agreement not to appeal is proven in the court of appeals, the appeal will
be dismissed Lester v Howard, 24 Md 233, Ward v Hollins, 14 Md 158

From the decision of a lower court as to the correctness of its records, no appeal
lies Greff v Fickey, 30 Md 75

From an order dismissing an application for discharge on habeas corpus, no appeal
lies. 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 imposing a fine for contempt, no appeal lies State v Stone, 3 H &
McH. 115

Under this section, an appeal lies on questions of law apparent on the face of the
record in prosecutions for the recovery of any penalty, fine or damages This section
is not repealed by the act of 1892, ch 506, relating to criminal cases Salfner v State,
84 Md 299 See also Bramble v State, 88 Md 687

No appeal lies under this section in cases of forcible entry and detainer Isaac v
Clarke, 9 G & J 114

When an insolvent trustee may appeal Salmon v Pierson, 8 Md 297, Teackle v
Crosby, 14 Md 23

The right of appeal is not to be abridged by a narrow or technical construction
O'Hern v Browning, 33 Md 475

The jurisdiction of the court of appeals is defined and limited, and cannot be ex-
tended beyond those limits Wylie v Johnson, 29 Md 298

From a judgment by the party in whose favor it was rendered, no appeal lies
Coates v Mackey, 56 Md 420

This section applied Davidson v State, 77 Md 395, Rawlings v State, 1 Md 127

Jurisdiction on appeal upheld under this section in case of prosecution under art 56,
sec 264 Motor Co v State 147 Md 234

No right of appeal lies from judgment on writ of scire facias issued out of Superior
Court on judgment of justice of peace recorded therein Ruth v Durendo, 166 Md 84

Cited in Cohen v State, 173 Md 220

See also, secs 44 to 56, and notes to sec 49

An Code, 1924, sec 3 1912, sec 3 1904, sec 3 1888, sec 3 1845, ch 7

3 Any party to a writ of mandamus may appeal, and petitions assign-
ing errors may be filed in civil or criminal cases, in lieu of the formal
write of error heretofore issued in this State, in cases where writs of error
were formerly allowed.

To warrant an appeal, there must be a final judgment granting the writ of man-
damus or dismissing the petition Watts v Port Deposit, 46 Md 502

If the petition assigning error does not show that the matter complained of was
passed on by the lower court, the assignment of errors must be quashed Ecker v First
National Bank, 62 Md 519

Where the court deems further proceedings proper, a procedendo may be awarded
in mandamus cases Harwood v Marshall, 9 Md 108

As to mandamus, see art 60

See sec 49, and notes thereto

An Code, 1924 sec 4 1912 sec 4 1904, sec 4 1888, sec 4 Rule 1

4 Formal writs of error shall, in all cases, be dispensed with, and the
party applying to have the record removed, as upon writ of error, in cases
where by law write of error are allowable, shall, by brief petition, addressed
to the court in which the case was tried, plainly designate the points or
questions of law by the decision of which he feels aggrieved, which appli-
cation so to remove the record, shall be allowed as of right, and no point or
question not thus plainly designated in such application shall be heard
or determined by the court of appeals

A special exception to a prayer on the ground merely that there is no evidence legally
sufficient to support the same, is defective Havens v Reach, 139 Md 484

An assignment of error to the effect merely that a demurrer was sustained, is in-
sufficient, what the assignment should set out, and what matters of fact cannot be
made the subject of an assignment of error McCaddin v State, 100 Md 670, State
v Norris 70 Md 91, State v Scarborough 55 Md 345

An assignment of error will be dismissed if the errors assigned are subjects of de-
murrer, or in arrest of judgment Davis v State 39 Md 385

This section is not repealed by the act of 1892 ch 506, and still applies where no
exceptions are reserved Avirett v State, 76 Md 516, State v Floto, 81 Md 602

11