304 ARTICLE 5

of the parties, to order continuances in said case to be entered, and the
same to be proceeded with in the same manner and with the same effect as
if no such appeal or writ of error had been taken or sued out; and either
party may make such suggestion and new parties as could have been made
if no appeal had been taken in the case; provided, the court shall be satis-
fied by the certificate of the clerk of the court of appeals, or other proper
evidence, that the said appeal or writ of error has been dismissed.

An Code, 1924, sec 29 1912, sec 25 1904, sec 25 1888, sec 23 1806, ch 90, sec 5

29. Where writs of error coram vobis are pending in the court of ap-
peals, and it shall appear to the court necessary to try any matter of fact
put in issue by the pleadings in the case, the court may direct a transcript
of the record to the court where the defendant named in the original action
may reside, or to such other court as the parties in the said cause may agree
upon; and the court to which such transcript shall be transmitted, shall pro-
ceed in such action, and to a trial of the facts put in issue.

Cited in Webster & Harlan v Archer, Daily Record, Mar 8, 1939

Appeals from Courts of Equity.

An Code, 1924, sec 30 1912, sec 26 1904, sec 26 1888, sec 24 1785, ch 72, sec 27

1729, ch 3, sec 3 1814, ch 94, sec 5 1818, ch 193, sec 1 1819, ch 144, sec 1

1826, ch 200, sec 14 1830, ch 185, sec 1 1864, ch 156

30. An appeal shall be allowed from any final decree, or order in the
nature of a final decree, passed by a court of equity by any one or more of
the persons parties to the suit, with or without the assent or joinder of
plaintiffs or co-defendants in such appeal; provided that if the court of
appeals shall affirm the decree of the court below, they shall not award
costs of the appeal against any one except the appellant.

Matter: in discretion of court.

No appeal:

From an order appointing a trustee, though the court gives an erroneous reason for
its action Howard v Waters, 19 Md 529

From an order allowing an amendment of the pleadings State v Brown, 64 Md 208

An order allowing the re-examination of a witness Swartz v Chickenng, 58 Md 297

From the action of the court on a petition for rehearing Zimmer v Miller, 64 Md 296,
Jacobs v Bealmear, 41 Md 487

From the action of the court in granting or refusing leave to file a bill of review
Pfeltz v Pfeltz, 1 Md Ch 458

From the action of the court on an application to file a supplementary answer
Fnsby v Parkhurst, 29 Md 69, Thomas v Daub, 1 Md 324

From the action of the court on an application to appoint an early day for the hearing
of a motion to dissolve an injunction Owens v Worthington, 10 G & J 283

From the award of costs Claggett v Salmon, 5 G & J 350

Although no appeal lies from an order determining a matter within the discretion
of the court, yet the question of whether a matter is within the discretion of the
court and whether that discretion was so exercised as not to impair established rights,
are open to review on appeal Emory v Faith, 113 Md 256, Gottschalk v Mercantile
Trust Co , 102 Md 522, Beilman v Poe, 120 Md 446

See notes to sec 2

Interlocutory orders.

No appeal:

From a mere practical order of court preparatory to final hearing Thomson v.
McKim, 6 H & J 302, Wheeler v Stone, 4 Gill, 39

From an order for the delivery of real or personal property and an account of the
rents and profits, until such an account shall have been finally acted upon Hatton v
Weems, 10 G & J 377

From an order directing money to be brought into court Dillon v Connecticut, etc,
Co , 44 Md. 394, Henry v Kaufman, 24 Md 11 And see Wheeler v Stone, 4 Gill, 39

From an order merely suspending the allowance of a claim Barton v Higgins, 41
Md 546