Lammott v. Maulsby

Eccleston, J., delivered tlie opinion of this court. The act of 1842, ch. 25, conferred upon the orphans courts special limited jurisdiction, such as they previously did not possess. And the second section, in express terms, gave a right of appealing to the county court in all cases arising under the act. If, therefore, the present case is within the jurisdiction thus given, there can be no appeal to this court.

The case of tlie Wilmington & Susquehanna Rail Road Co. vs. Condon, 8 G. & J., 443 , came up under a decision of tile county court in reference to an inquisition taken under the law authorising the condemnation of land for the construction of tlie road. The appeal was dismissed. And the court ⁸ say: “There is no appeal expressly given to the Court of Appeals, under the act of Assembly investing the county court with the power of reviewing and confirming, or setting aside, inquisitions like the present. From the nature and course of their proceedings, this power of review is a fit subject for litigation in a county court, but is wholly inappropriate to the jurisdiction of this court.

It is a special limited jurisdiction given to the county court, from the decision of which no appeal lies to any other tribunal.” In Williams vs. Williams, 5 Gill, 88 , the county court had passed an order in reference to proceedings in insolvency, from which an appeal was taken, but dismissed, the court being of opinion that no right of appeal existed. They say: “No act of Assembly authorises it; and we must reverse the decision of this court in the case of the Wilmington & Susquehanna Rail Road Co. against Condon, ( 8 G. & J., 443 ,) before we can entertain this appeal. This is no case either of law or equity. There can be no right of appeal in such a case as this.” The appellant’s counsel contends, that the motion to dismiss cannot be sustained, because although die act of 1842 gives an appeal to the county court and to no other tribunal, nevertheless the present appeal is sanctioned by the general and comprehensive language of the act of 1818, ch. 204, Avhich provides, “that in all decrees, orders, decisions and judgments” thereafter to be made by any orphans court, the party aggrieved may appeal to the Court of