APPEALS AND ERRORS 305

From an order requiring the defendant to answer by a certain day Dennison v
Wantz, 61 Md 143

From an order refusing further time to take testimony, nor from an order granting
leave to amend by a certain time and providing that in the event of a failure so to
amend, an injunction previously issued would be dissolved, the injunction in the mean-
time being continued Hill v Reifsnider, 39 Md 429

From an order reserving the rights of co-defendants for the further order of the
court Swift v Manufacturer's Bank, 69 Md 232 And see Chenoweth v Smith, 29
Md 22

Where a decree pro conjesso is passed against non-residents, the court has the right
to reserve the question of whether a plea by resident defendants enures to the benefit
of the non-residents, and the latter have no ground of appeal Simms v Lloyd, 58
Md 479

From an order directing the retaining of a bill pending a suit at law Scott v Crawford,
11 G & J 365, Scott v Crawford, 10 G & J 379

From an order allowing the complainant to examine the defendant as a witness
Heath v Irelan, 11 Md 388

For other examples of matters from which no appeal lies because they are interlocu-
tory, see Keifer v Reichert, 93 Md 99, McKim v Thompson, 1 Bl 150, Wayman v
Jones, 4 Md Ch 512 But see Cover v Hall, 3 H & J 43

See notes to sec 2

Demurrers and pleas.

No appeal from an order sustaining a demurrer to one of three distinct grounds of
relief set out in one paragraph of a bill of complaint, this section and sec 35 only
give a right of appeal when the order of court goes to the whole bill Reynolds v
Russler, 128 Md 608

An appeal lies under this section from an order sustaining a demurrer to a part of a
bill of complaint, in this case no leave to amend was granted (as the objections could
not be remedied by amendment), and the case proceeded as to the allegations upon
which the demurrer was overruled Hendrickson v Standard Oil Co, 126 Md 581

There is no appeal from an order overruling a plea to a bill, since such order is not
final, such ruling may be reviewed under sec 32 Wilmer v Placide, 128 Md 171

There is no appeal from an order of a court of equity overruling a plea to a part
of a bill, such order can be reviewed only under sec 32 An appeal lies from the action
of the court in overruling a demurrer to the entire bill Peoples v Ault, 117 Md 635

An appeal from an order overruling a demurrer to a petition asking that defendant
be examined concerning his property and credits, will be dismissed See notes to
sec 31 Stockham v Knollenberg, 133 Md 341

An appeal lies from the action of the court on a demurrer to the entire bill Darcey
v Bayne, 105 Md 366, Chappell v Funk, 57 Md 471, Hecht v Colquhoun, 57 Md 564

No appeal from an order sustaining a demurrer to a plea Danels v Taggart, 1
G & J 311

Mortgage sales.

An appeal lies from an order dismissing a petition, asking that a mortgage sale be
restrained and the decree for sale entered satisfied The last clause of this section
applied Schluderberg v Robertson, 60 Md 602

An appeal lies from an order passed in a proceeding to foreclose a mortgage, which
determines that the plaintiff is not entitled to the relief prayed and directs an account
as between debtor and creditor Waverly, etc, Assn v Buck, 64 Md 342

No appeal from an order rescinding the final ratification of a trustee's sale, both
orders being passed at the same term From an order setting aside the sale, an appeal
lies Hunting v Walter, 33 Md 60

No appeal by a mortgagor who has parted with his equity of redemption, from
a decree directing the sale of mortgaged premises McDonald v Working Men's Bldg
Assn, 60 Md 590

No appeal from an order granting a prayer for a rehearing on exceptions to a
mortgage sale Keifer v Reichert, 93 Md 99

An appeal lies from a decree exonerating certain lots from sale under a mortgage
until the exhaustion of other mortgaged properties Gardmer v Baltimore, 96 Md
382, Hopper v Snyder, 90 Md 379

An appeal lies from a decree for the sale of mortgaged premises under the act of
1833, ch 181 Robertson v American, etc, Assn, 10 Md 406, Williams v Williams
7 Gill, 302

Parties.

The intention of the act of 1864, ch 156, was to change the pre-existing law as
construed in 17 Md 525 One who claims a fund in controversy and prays to inter-
vene, is a party within the meaning of this section Hall v Jack, 32 Md 263

If the parties in whose name the appeal is taken have no interest, and the party
in whose behalf it is sought to be maintained are not parties appellant, the appeal
must be dismissed Walter v Second National Bank, 56 Md 138