Deitrich v. Swartz

Miller, J., delivered the opinion of the Court. This is an action of replevin brought by the appellant against the appellee in the Circuit Court for Harford county for twenty timber logs. The penalty of the replevin bond was $200, hut upon execution of the writ the appraisers valued the logs at $10.⁷¹. The defendant thereupon pleaded that the real value of the property replevied, as ascertained by sworn appraisers summoned and sworn by the sheriff, does not exceed the sum or value of $50, and therefore the Circuit Court had no jurisdiction in the case.

To this plea the plaintiff replied that the logs mentioned in the declaration grew ujion, and were cut by him upon a certain tract of land called “Paca’s Park” in said county, which is described in a certain deed to him from ²⁰⁰ one Lee, and his title to, and right to the possession of said logs depends upon his right and title to said land, and he further avers that before this suit was instituted the defendant made claim to these logs, on the ground that he was the owner of that part of said tract of land upon which said logs grew and were cut, and that the right and title to said land is involved in this action. To this replication the defendant filed a general demurrer which .the Court sustained. The present appeal appears to be taken directly from the judgment sustaining the demurrer to the replication, and there is nothing in the record to show that any final judgment in favor of the defendant, sustaining the plea and quashing the writ was ever rendered by the Court below. It is clear from the authorities that without such final judgment the appeal was prematurely taken, and must be dismissed.

Boteler & Belt vs. State, use of Chew, 7 G. & J., 109 ; Wheeler vs. State, use of Bateman, 7 Gill, 33 ; Schindel vs. Suman, 13