Matthews v. Whiteford

¹²³ Pearce, J., delivered the opinion of the Court. This is an appeal from the Circuit Court for Baltimore County. The proceeding was instituted by the appellant under section 1 of Article 53 of the Code of 1912, before a Justice of the Peace of Baltimore county, against the appellees, for restitution of the possession of a farm in said county theretofore leased by the appellant to the appellees, for the period of one year, ending on the 28th day of February, 1912. The complaint of the appellant complied with the requirements of section 1 of Article 53, and summons was issued accordingly for the appellees who appeared on the day set for trial, and upon trial, the justice rendered judgment in favor of the plaintiff for the restitution of the possession of the premises demised, and costs.

Appeal was prayed from that judgment and the papers were sent up to the Circuit Court for Baltimore County. The docket entries in the Circuit Court show that the papei’s sent up by the justice were filed with the clerk of the Court April 9th, 1912; that on April 11th, “Petition and order of Court thereon filed,” but neither the petition nor order appears in the record; April 13th, 1912, “Answer of defendants, filed;” April 24th, “Defendant’s defenses, filed;” April 24th, 1912, “Case was heard by Jixdge Harlan, upon the written notice, lease and letters, but declined to hear the evidence bearing directly upon the written notice In question. Held sub curia.” May 10th, 1912, “Proceeding in the above entitled case quashed; opinion and order of Court, filed.” May 21st, 1912, “Order for an appeal to the Court of Appeals, filed. Sept. 9th, 1912, “Approved bond, filed.” It appears from the opinion of the Court, incorporated in the record that the Court held