ART. 5] APPEALS FROM COURTS OF EQUITY——REMANDING CAUSE. 231

1888, art. 5, sec. 35 1860, art. 5, sec 27. 1841, ch. 163.

37. 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
objection was made in said court.
Faimers and Mechanics' Bank v. Wayman, 6 Gill, 336 O'Neill v Cole, 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. Manning, 26 Md. 347. Ashton v. Ashton, 35 Md. 496 Laeberv. Langhor,
45 Md. 477. Estep v. Mackey, 52 Md. 592 Wicks v. Westcott, 59 Md 270.
Biddinger v Willard, 67 Md. 363. Shryock v. Morris, 75 Md. 77. Cher-
bonmer v. Goodwin, 79 Md. 61. Melvin v. Aldridge, 81 Md. 657.

Ibid sec 36. 1860, art 5, sec. 28. 1818, ch. 193, sec. 14 1832, ch. 302, sec 6.

38. 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 introduction of further evidence, making additional
parties, or otherwise, then the court of appeals, instead of pass-
ing 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 appeals, in
its order remanding the cause, to express the reasons for the
remanding, and also to determine and declare the opinion of
the court on all points which may have been made before the
said court, or which may be presented by the record.

Eversfield v. Eversfield, 4 H. & J 12. Kent v. Taneyhill, 6 G. & J. 1.
Boyd v Boyd, 6 G. & J. 25. Hams v Harris, 6 G. & J. 111. Lyles v.
Hatton, 6 G & J. 122. Evans v. Iglehart, 6 G. & J. 171. Clagett v. Hall, 9
G & J 80 Warwick v. Michael, 11 G & J 159. Chaney v. Tipton, 11 G.
& J. 253. Buchanan v. Torrance, 11 G & J. 342 Richardson v Stillinger,
12 G & J. 477 Hutchins v Hope, 12 G. & J. 388. Glenn v Hebb, 12 G. &
J 271 Darnall v. Hill, 12 G. & J 388 Berry v Pierson, 1 Gill, 234. Buch-