ART. 3] APPEALS FROM COURTS OF EQUITY. 145

A guardian ad litem is a party to the cause within the meaning of this
section. Thomas i: Levering. 73 Md. 461.

An attorney can not appeal in his own name and on his own motion,
from an order or judgment affecting his clients. Brune v. Lanahan 60
Md. 515.

Appeal dismissed because appellants were not proper parties to appeal.
Isaac v. Emery, 04 Md. 333.

Parties held proper on appeal. Buchanan v. Patterson, 94 Md. 534.

Auditors and accounts.

An appeal lies from an order ratifying an auditor's report and directing
the proceeds to be applied accordingly. Pfeaff v. Jones, 50 Md. 269; Way-
man v. Jones, 4 Md. Ch. 501.

An appeal lies from an order settling the right of a party to a credit;
determining that the written contract does not express the true agreement
and referring the case to an auditor. Connor v. Groh, 90 Md. 680.

An appeal lies from an informal order upon exceptions to an auditor's
account, which, however, is unequivocal and finally decisive. McGonigal v.
Plummer, 30 Md. 422.

No appeal from a decree directing an accounting. Snowden v. Dorsey,
6 H. & J. 114; Hungerford i: Bourne, 3 G. & J. 142.

An appeal from an order referring a cause to an auditor with directions
as to the mode of stating an account, is not authorized by the Act of 1830.
ch. 185. Darrington v. Rogers, 1 Gill, 403. See also, Wheeler v. Stone, 4
Gill, 39; Clagett v. Crawford. 12 G. & J. 275.

No appeal from an order suspending a sale and referring the papers to
an auditor. Equitable, etc., Assn. v. Becker, 45 Md. 635.

Generally.

The court of appeals alone determines when an appeal will lie. Wylie v.
Johnston. 29 Md. 298; Keighler v. Savage, etc., Co., 12 Md. 413; Chesapeake
Bank v. McClellan, 1 Md. Ch. 330; Thompson v. McKim, 6 H. & J. 302.

An appeal lies from the action of the court on a demurrer to the entire
bill. Darcey v. Bayne, 105 Md. 366; Chappell v. Funk, 57 Md. 471; Hecht v.
Colquhoun, 57 Md. 564.

No appeal from the opinion of the lower court; a decree must be entered.
Phillips v. Pearson, 27 Md. 242. And see Hungerford v. Bourne, 3 G. &
J. 142. See also, Roberts v. Salisbury, 3 G. & J. 433.

When a conventional trustee may appeal. Frey v. Shrewsbery, 58 Md.
151; Stewart v. Codd, 58 Md. 86.

A trustee may appeal from the disallowance of his commissions. Gustav,
etc., Bldg. Assn.v. Kratz, 55 Md. 398.

No appeal from an order refusing to rescind a previous order appointing
a receiver. Hull v. Caughy, 66 Md. 105.

An order directing a receiver to retain a certain sum to abide the result
of an action at law, and providing that if the plaintiff therein should
recover a judgment, he should be treated by the receiver as a general
creditor, is final and an appeal lies therefrom. Emory r. Faith, 113 Md. 250.

An order granting leave to a party to sue a receiver at law, is not wholly
within the discretion of the court of equity, and hence is appealable. Emory
v. Faith, 113 Md. 256.

No appeal from the action of the circuit court in ratifying an Inquisition
of condemnation, the jurisdiction of the circuit court being a special, statu-
tory and limited one. Brown v. Philadelphia, etc., R. R. Co., 58 Md. 544.

When a decree is final, warranting an appeal under this section. Ware
v. Richardson, 3 Md. 535; Waverly, etc., Assn. v. Buck, 64 Md. 342.

No appeal from an order vacating a decree passed during the term at
which the decree was rendered. The powers and duties of the court of
appeals are defined and limited. Wylie v. Johnston, 29 Md. 302.

Though a defendant does not answer, and allows an Interlocutory decree
to go against him, he may appeal from the final decree. Lippy v. Mason-
heimer, 9 Md. 315.

An appeal lies from an order appointing a committee for an habitual
drunkard. Tome v. Stump, 89 Md. 272.

No appeal from an order by default or by consent. Ringgold's Case 1 Bl 9
10