310 ARTICLE 5

An. Code, 1924, sec. 32. 1912, sec. 28. 1904, sec. 28. 1888, sec. 26. 1830, ch. 185, sec. 1.

1845, ch. 367, sec. 3.

32. On an appeal from a final decree or order, all previous orders
which may have been passed in the cause shall be open for revision in the
court of appeals, unless an appeal under the preceding section shall have
been previously taken from such order. ^:

In connection with sec. 31.

A party may waive his rights under sec. 31 and bring matters embraced there-
under up for review under this section. Davis v. Gemmell, 73 Md. 554; Wilhelm v.
Caylor, 32 Md. 161; Ware v. Richardson, 3 Md. 555.

This section limits the right of review to those "previous orders" specified in sec. 31.
Tome v. Stump, 89 Md. 271.

Application of this section.

If an appeal lies under sec. 30, this section has no application. See notes to sec. 30.
Gardiner v. Baltimore, 96 Md. 382.

This section has no application to interlocutory orders passed by consent, and
acted on. Godwin v. Banks, 89 Md. 686.

This section applied. Emory v. Faith, 113 Md. 256; Bailey v. Jones, 107 Md. 410;
Slingluff v. Hubner, 101 Md. 657; Keifer v. Reichert, 93 Md. 99; Tayhern v. Na-
tional Mechanics Bank, 57 Md. 596; Reiff v. Horst, 55 Md. 45; Meakin v. Duvall,
43 Md. 378; Barton v. Higgins, 41 Md. 546; Phelps v. Stewart, 17 Md. 242; Stem v.
Cox, 16 Md. 538. '

Generally.

Words "all previous orders," are as comprehensive as "all previous orders and
decrees." Bull v. Pyle, 41 Md. 422; Frostburg v. Tiddy, 63 Md. 519.

There can be no appeal under this section from an order in the nature of a final
decree from which an appeal lies under sec. 30. Under this section all orders, in-
cluding those mentioned in sec. 31, from which no appeals have been previously
taken, are subject to revision upon appeal from a final decree. Peoples v. Ault, 117
Md. 635.

Where a demurrer to a part of a bill is overruled, such interlocutory order ..is re-
viewable under this section. Hendrickson v. Standard Oil Co., 126 Md. 583.

On appeal from an order revising a final audit, all previous orders and decrees
are open for review. Walsh v. Boyle, 30 Md. 268. ,

A decree exonerating certain mortgaged lots from sale until the exhaustion of other
mortgaged properties, is not open for revision under this section. Gardiner v. Baltimore,
96 Md. 382; Hopper v. Smyser, 90 Md. 379.

This section explained. Wylie v. Johnston, 29 Md. 303.

Cited but not construed in Baltimore v. Weatherby, 52 Md. 449; Vickers v. Tracey,
22 Md. 199.

This section and sec. 30 construed-see notes to sec. 30. Bliss v. Bliss, 133 Md. 68.

On appeal from final decree restraining defendant from operating plant in 'way to
affect health of neighborhood, previous interlocutory and tentative decree may be
reviewed. Washington Cleaners v. Albrecht, 157 Md. 401.

Where final order of ratification without hearing or preliminary order nisi of.
auditor's amended report, held that notwithstanding this irregularity of procedure,
as the auditor had already filed two former accounts in same matter, appeal does not
justify reversal under circumstances. Nichols v. McGill, 168 Md. 686.

See notes to secs. 30 and 31.

An. Code, 1924, sec. 33. 1912, sec. 29. 1904, sec. 29. 1888, sec. 27. 1830, ch. 185, sec. 1.
1845, ch. 367, sec. 1. 1853, ch. 374. 1890, ch. 32.

33. No appeal from any decree or order shall stay the execution or
suspend the operation of such decree or order, unless the party praying
the appeal shall give bond, with security, to indemnify the other party
or parties from all loss or injury which said party or parties may sustain by
reason of such appeal and the staying the execution or operation of such
decree or order; such bond to be approved by the judge or clerk of the court
where the proceedings are pending, and the penalty to be fixed by such
court, and upon giving such bond the appeal shall stay the operation of
all such decrees or orders; provided, however, that if in its discretion the
court in which such proceedings are pending shall decide that the case is
not a proper one for such stay, such court may pass an order upon such