Cooper v. Novickow

Boyd, C. J., delivered the opinion of the Court. This is an appeal from an order of the Baltimore City Court overruling a motion to quash the proceedings in the ⁴⁷² cause. The case was commenced' by a complaint filed by the appellee against the appellant before a justice of the peace of the City -of Baltimore by which the appellee sought to have again and repossess the premises known as Eish Stall Ho. 504, Belair Market — he'claiming that there was due and unpaid' nine hundred and eighty-eight dollars of rent for the same. A judgment was entered in favor of the appellee for the restitution of the premises and $988.00 rent found clue.

The appellant appealed to the Baltimore City Court, but we suppose no bond was given to stay execution of the judgment, .as the record shows that a warrant was issued directed to a constable ordering him to cause the lessor to have again and repossess the premises by putting him or his duly qualified agent or attorney in possession thereof, and the constable’s return was “Property turned over to the plaintiff.” The proceedings were instituted under sections C50, etc., of Article 4 of Code of Public Local Laws. The reasons assigned in the motion to quash arre based mainly on the alleged ground that the justice of the peace and the Baltimore City Court were without jurisdiction, but it is clear that no appeal could be taken to this Court until final judgment, and then of course only on the ground that the justice and the Baltimore City Court had no jurisdiction. It may be that after the Court had overruled the motion to quash it would have decided the case, or at least some of the material points, in favor of the appellant, but, whether that be so or not, there is no authority for an appeal from sirch an order without some final disposition of the case having been made in the lower Court. The record fails to show there was such, and it was admitted at the hearing that there