Wylie v. Johnston

Stewart, J., delivered the opinion of the. court. The powers and duties of the Court of Appeals, are defined and limited. It cannot entertain appellate jurisdiction except when prescribed by the law. Where it undertakes to review the proceedings qf subqrdinate tribunals, the authority must be shown.

It is also the province of the appellate court to decide when an appeal lies, and not the-court from which the appeal is taken. ³⁰³ We do not propose now to determine to what extent the right of appeal has been modified by the Code in relation to appeals from courts of law. In Rutherford v. Pope, * 15 Md. 579 , it was decided, that during the term at which a judgment was rendered, it is subject to the control of the court, and no appeal lies from an order made during the term, striking out a judgment by default and reinstating the case; but the appeal before us involves the consideration of the question of the power of this court, in the revisal of proceedings, in a Court of Equity. In Thomas v. Doub, 1 Md. 252 , it was ruled that an application to file an amended or supplemental answer rests in the discretion of the court below; and from the refusal to give the leave, no appeal would lie. Under Code of Pub.

Gen. Laws, Art. 5, sec. 20, an appeal is allowed from any final decree, or order in the nature of a final decree, passed by a Court of Equity. Sec. 21 of the same Article provides for appeals from certain special orders or interlocutory proceedings not in their nature final. Under sec. 22, same Article, any special or incidental order passed in the progress of the cause, may be reviewed by this court if there should be an appeal from any final order or decree.

This last section gives a party aggrieved by any interlocutory order, the right of having the action of the court reviewed in any particular, if, from the result of the entire proceedings, he finds cause to take an appeal. This provision, at the same time, relieves the appellate court from the necessity of deciding a case by detached instalments, but enables it to review the action of the lower court in every particular, when the case, in its entirety, is finally disposed of by that court. If all the interlocutory orders of the court below, in the progress of the cause, were subjects of immediate review by this court, it is difficult to define any limit to the exercise of appellate