30 APPEALS AND ERROR. [ART. 5.

Gen. Ins. Co. v. U. S. Ins. Co., 10 Md. 529. Cherry v. Stein, 11 Md 19.
Windwart v. Allen, 13 Md. 200. Ward v. Hollins. 14 Md. 167. Dennis v.
Dennis, 15 Md. 146. Thomsen's Appeal in Winn & Ross v. Albert, 15 Md.
268. Calvert v. Carter, 18 Md. 75. Andrews v. Poe, 30 Md. 485. Billingslea,
Exr. v. Ward, 33 Md. 48. Anderson v. Tuck, 33 Md. 225. Ashton v. Ashton,
35 Md 496. McKaig v. Hebb, 42 Md. 227. Brown v. Thomas, 46 Md. 636.
Mondell v. Shafer, 49 Md. 492. Citizens' Security and Land Co. v. Wilson, 50
Md. 90. Wicks v. Westcott, 59 Md. 270. Grand United Order Odd Fellows
Joint Stock Asso. v. Merklin, 65 Md. 579.

P. G. L., (1860,) art. 5, sec. 27. 1841, ch. 163.

35. No defendant to a suit in equity in which an appeal may
be taken, shall make any objections to the jurisdiction of the
court below, unless it shall appear by the record that such objec-
tion was made in said court.

Farmers and Mechanics' Bank v. Wayman, 6 Gill, 336. O'Neill v. Cate, 3
Md. Ch. 174. Gough v. Crane, 3 Md. Ch. 135. Dunnock v. Dunnock, 3 Md.

Ch. 149. Pierson v. Trail, 1 Md. 143. Beall v. Hilliary, 1 Md. 197. O'Neill
v. Cate, 4 Md 107. Gough v. Crane, 4 Md 316. Teackle v. Gibson, 8 Md. 70.
Knight v. Brawner, 14 Md. 6. Hubbard v. Jarrell, 23 Md. 66. Gough v. Man-
ning, 26 Md. 347. Ashton v. Ashton, 35 Md. 496. Laeber v. Langhor, 45 Md.
477. Estep v. Mackey, 52 Md. 592 Wicks v. Westcott, 59 Md. 270. Bld-
dinger v. Willard, 67 Md 363.

Ibid. sec. 28. 1818, ch. 193, sec. 14. 1832, ch. 302, sec. 6.

36. If it shall appear or be shown to the court of appeals that
the substantial merits of a cause will not be determined by the
reversing or affirming of any decree or order that may have been

passed by a court of equity, or that the purposes of justice will
be advanced by permitting further proceedings in the cause,

either through amendment of any of the pleadings or the intro-
duction of further evidence, making additional parties, or other-
wise, then the court of appeals, instead of passing a final decree
or order, shall order the cause to be remanded to the court from
whose decision the appeal was taken, and thereupon such further
proceedings shall there be had by amendment of pleadings, or
further testimony to be taken, or otherwise, as shall be necessary
for determining the cause upon its merits, as if no appeal had
been taken in the cause, and the decree or order appealed from
had not been passed, save only that the order or decree passed by
the court of appeals shall be conclusive as to the points finally
decided thereby. And it shall be the duty of the court of