Kalis v. Brown

Delaplaine, J., delivered the opinion of the Court. Samuel D. Kalis, vice president of American Realty Company, Inc., a Maryland corporation, and Benjamin Kalis, president of the corporation, applied to the Baltimore City Court for a writ of certiorari to review a judgment of conviction rendered by Helen Elizabeth Brown, a Justice of the Peace sitting in the Housing Court of Baltimore City. The Court denied their petition, and they have appealed here from the judgment entered in favor of defendant for costs. It was upon complaint of the Sanitarian of the Baltimore City Health Department that Magistrate Brown issued a summons on August 2, 1951, to “American Realty Company, Samuel Kalis, Vice President, 515 Cathedral Street,” to appear in the Housing Court on August 7, 1951, at 3:30 p.m., to answer the charge of violation of Ordinance 384, approved March 6, 1941, as amended by Ordinance 902, approved March 29, 1943, in that Samuel Kalis failed to remove the lead paint from window sills on the premises at 1808 West Fayette Street, that condition having been found by the Commissioner of Health to be detrimental to life and health.

The summons was not served on Kalis, but was left in the office of the corporation with an employee. At the time set for the trial the clerk of the Housing Court called Samuel Kalis. Kalis did not appear, but Leon Amernick, an employee of the corporation, appeared with Viola Cuba, the owner of the property. The magistrate asked, “Where is Mr. Kalis?

If he is not here, P am going to issue a warrant for him.” Amernick replied, “I will take the responsibility.” Thereupon the magistrate read the charge, and asked Amernick. whether he wanted to ask for trial by- jury. Amernick waived a ⁵⁰¹ jury trial and entered a plea of not guilty. At the close of the trial the magistrate found the defendant guilty and imposed a fine of $50. The fine and costs were paid.

On August 14, 1951, Samuel D. Kalis and Benjamin Kalis filed the petition for certiorari to command magistrate Brown to send the record in the case to the Baltimore City Court so that the trial and judgment might be declared void. The magistrate filed a motion to quash the petition alleging: (1) that the summons issued in the case was directed to the corporation; (2) that the summons was served upon the corporation; (3) that in response to the summons the corporation appeared in the Housing Court by Leon Amernick, an employee of the corporation; (4) that the charge set forth in the summons was read to Amernick as agent of the corporation; (5) that the corporation by its agent waived a jury trial, elected to be tried by the magistrate, and pleaded not guilty; and (6) that the corporation was found guilty and fined $50. Following a hearing on the motion to quash, the Court held that the evidence supported the conclusion that the charge was against the corporation, and