Herzberg v. Adams

Grason, J., delivered the opinion of the Court. It has been repeatedly held by this Court, that, in all cases of appeals from judgments of justices of the peace, ³¹² the judgment of the Appellate Court is final. But these decisions must be understood, as referring to cases within the jurisdiction of the Appellate Court, for, if it exceeds its jurisdiction, an appeal will lie to this Court. Webster, et al. vs. Cockey, et al., 9 Gill, 92 ; State vs. Mace, 5 Md., 337 ; Kinnear & Willis vs. Lee & Reynolds, 28 Md., 488 ; Mears vs. Remare 33 Md., 250 .

The appellant, in his brief, contends that the verdict of the jury, being for one hundred dollars, was in excess of the jurisdiction of the justice of the peace, and consequently no judgment could be entered upon it by Baltimore City Court. The thirteenth section of Article 51 of the Code, prescribes the civil jurisdiction of justices of the peace, and enacts that it shall embrace all cases for the enforcement of contracts, and to obtain redress for wrongs, “ where the debt or damages claimed shall not exceed one hundred dollars.” This suit was instituted for “the redress of a wrong," that is, for a wrongful conversion of the plaintiff’s horse by the defendant, and the damages claimed did “not exceed one hundred dollars," as the plaintiff filed his claim with the justice for precisely that amount. The verdict of the jury for that sum, was therefore not in excess of the jurisdiction. But with this claim was also filed by the plaintiff’s attorney, a statement of the cause of action in which he claims ninety-nine dollars as damages, and the appellant here seems to treat