224 APPEALS AND ERRORS. [ART. 5

court where the judgment so reversed shall have been rendered,
shall direct their clerk to transmit a copy of the record to the
clerk of the court of some other county or city, with an order
to such court, directing them to proceed in such action, and to
a new trial thereof, in the same manner as if no trial had taken
place, and as if such action had been originally instituted in
such court.

State use of Harvey v. B. & O R R. Co., 69 Md. 348. Williams v. Baking
Co 86 Md. 477.

1888, art. 5, sec. 22 1860, art. 5, sec. 18. 1831, ch. 203.
24. If an appeal or writ of error be dismissed when taken
on any order of the court antecedent to final judgment, and
no final judgment shall have been rendered, it shall be the
duty of the said court, on application of any 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 satisfied by the certi-
ficate of the clerk of the court of appeals, or other proper
evidence, that the said appeal or writ of error has been dis-
missed.

Ibid. sec. 23. 1860, art 5, sec. 19. 1806, ch. 90, sec. 5.
25* Where writs of error coram vobis are pending in the
court of appeals, 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 proceed in such action, and to a trial of the
facts put in issue.

MoLuckie v. Williams, 68 Md. 265.

Appeals from Courts of Equity.

1888, art. 5, sec. 24. 1860, art. 5, sec. 20. 1729, ch. 3, sec. 3. 1785, ch. 72,
sec. 27. 1814, ch. 94, sec. 5. 1818, ch. 193, sec. 1. 1819, ch. 144, sec. 4.

1826, ch. 200, sec. 14. 1830, ch. 185, sec. 1. 1864, ch. 156
26. 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.