Main v. Fessler

McSherry, C. J., delivered the opinion of the Court. We dismiss this appeal, ex mero motu, for the want of jurisdiction to entertain it The facts are as follows : Fessler entered into a contract in writing with Main and others, composing the Manufacturers’ Supply Company, for the purchase of a stove to be paid for- in monthly installments. In the contract Fessler stipulated, among other things, that if default should be made by him in paying any installment, Main and Company might retake possession of the stove, and that he1 waived “ all right of homestead and other exemptions, under the laws of (Maryland), as against this obligation.” Main and Company sued Fessler before a Justice of the Peace of Washington County to recover the balance due by the latter on the purchase, and judgment was rendered for Fessler, whereupon Main and Company took an ⁴⁶⁹ appeal to the Circuit Court for Washington County. That Court reversed the judgment of the magistrate and entered judgment in favor of Main and Company for the sum of seven dollars and fifty cents debt and sixteen dollars and fifty cents costs, “and all exemptions waived. ” Thereupon Main and Company caused an attachment, by way of execution, to be issued by the Clerk of the Circuit Court upon this judgment, and the Sheriff attached all the moneys, rights and credits of Fessler in the hands of the Crawford Manufacturing Company.

These moneys, rights and credits so attached, consisted of wages due by the Crawford Company to Fessler, and were less than one hundred dollars in amount. Fessler filed a motion to quash the attachment, but assigned no reasons. On the eleventh of March, eighteen hundred and ninety-nine, the Circuit Court quashed the attachment, and from that order this appeal was taken. The Circuit Courts for the several counties are the highest common law Courts of record and original jurisdiction within the State, and possess full common law powers and jurisdiction in all civil and criminal cases, except where by law the jurisdiction has been taken away or conferred upon another tribunal.

Code, Art. 26 sec. 36. Now, by an Act of Assembly, jurisdiction was conferred upon Justices of the Peace in all cases for the enforcement of contracts, and to obtain redress for wrongs when the debt or damage claimed did not exceed fifty dollars. By a subsequent Act the jurisdiction was extended to cases where the debt or damage claimed did not exceed one hundred dollars ; but it was declared that “ in all cases where the amount claimed, or the thing in action exceeds the value of fifty dollars and Justices of the Peace have jurisdiction, the several Circuit Courts for the counties shall have concurrent jurisdiction with Justices of the Peace.” The effect of these statutes is to deprive the Circuit Courts of all jurisdiction in actions ex contractu when the amount recovered is less than fifty dollars, and in actions ex delicto when the