Burrell v. Lamm

Stone, J., delivered the opinion of the Court. This is a writ of error from the Circuit Court for Harford County. The case is this: Proceedings were instituted before a justice of the peace for that county, by a landlord against his tenant, under the Act of 1882, chapter 855, to recover possession of the leased premises. The justice gave judgment in favor of the landlord, and the tenant appealed to the Circuit Court for Harford County, and the judgment of the justice was affirmed by that Court.

The tenant then brought the case here, upon a writ of error from the Circuit Court for Harford County. The writ'of error in this case must be quashed. Where jurisdiction is given to a justice of the peace, and an appeal to the Circuit Court, the judgment of the Circuit Court is final, and no appeal lies to this Court from the Circuit Court in such a casé. An exception to this rule is found in the case of a justice of the peace, who had no jurisdiction over the case tried before him.

In such a case a writ of error or appeal might lie to this Court from the Circuit Court, to ■which an appeal from the justice had been taken. ⁵⁸² (Decided 3rd November, 1887.) The writ of error is allowed in such case to this Court,. not for the purpose of correcting an erroneous judgment, hut