Clark v. Vannort

McSherry, J., delivered the opinion of the Court. This case has been brought up by petition as upon writ of error to the Circuit Court for Kent County. It appears by the record that the appellee made application in writing to a justice of the peace in that county, and represented that the appellant had been hired to work for him, and had been allowed to live in a house on his farm during the time the appellant might continue in the service of the appellee; that some months thereafter the appellant was discharged from the service of the appellee, and was notified to surrender possession of the house, which he refused to do. but on the contrary forcibly detained possession thereof. The appellee asked to be restored to the possession of the premises.

A summons was thereupon issued by the justice, requiring the appellant to show cause why restitution of the possession of the premises should not be forthwith made to the appellee. Clark, the appellant, then requested the magistrate to transmit the papers to some other ²¹⁸ justice for trial, but, this being refused, the case was subsequently heard, and a judgment entered in favor of the appellee for a restitution of the premises and for costs. Clark then prayed an appeal to the Circuit Court for Kent County. After the case reached that Court, Clark filed an affidavit wherein he claimed that the title to land was involved by reason of the fact that he was, as he alleged, a tenant of the appellee, and held the premises under a lease which had not then expired; and he further averred in the same affidavit that no written notice had e'ver been served on him to quit the premises.

TJpon these allegations he founded a motion to reverse the judgment of the magistrate; but the Court, after hearing testimony, which of course does not appear in the record, affirmed the judgment appealed from. Thereafter a petition was filed for the removal of the record into this Court as upon writ of error; and the errors assigned were, first, that the justice of the peace- had no jurisdiction to hear the case, because it did not appear upon the face of the proceedings before him that a notice in writing had .been given to Clark by Yannort to remove from and quit the premises; secondly, because the justice had been notified that the title to land was in controversy; and, thirdly, because, if the proceeding be treated as one for forcible detainer, the proper method was by inquisition, or by view of the premises and of the detainer. A motion has been filed to dismiss the appeal, or, strictly speaking, to quash the writ of error. If the magistrate had jurisdiction to hear and determine the case, this Court-obviously has no authority to review either his judgment-or that of the Circuit Court •on appeal from him.

For the correction of any error committed by him, if he possessed jurisdiction, the law has provided a remedy by allowing an appeal to the Circuit Court, and the decision of that tribunal upon such ²¹⁹ an appeal is final and conclusive. The inquiry then is, did the magistrate have jurisdiction in the premises? The proceeding was for a forcible detainer, not for a forcible entry and detainer; nor was it one by a landlord against his tenant for holding over after the expiration of his term. There is no statutory provision in the Maryland Code upon the subject of forcible entry or detainer apart from the brief declaration contained in sec. 6, Art. 53 of the Oode, that the proceedings relating to a tenant holding over “ shall apply, so far as may be, to cases of forcible entry and detainer.” Except for the provision just cited, proceedings in forcible entry and detainer, or forcible detainer alone, would be controlled exclusively by such of the early Acts of Parliament as are still in force in Maryland.

Forcible detainer, which is a misdemeanor, is when a man who enters peaceably afterwards detains his possession by force; as if he threatens a corporal damage to him who attempts to enter. Hawk. P. G., ch. 28; Commonwealth vs. Rogers, et al., 1 Sergt. & Rawle, 124; and the same circumstances of violence or terror which will make an entry forcible, will also make a detainer forcible. 1 Rus. on Grimes, 288. Even a termor, it seems, is guilty óf a forcible detainer if he holds over with force after the expiration of his term, though no attempt to enter he made.

Baron Snigge vs. Shirton, Cro. Jac., 199;