Rehm v. Cumberland Coal Co.

Johnson, J., delivered the opinion of the Court. • At an ex parte trial in the People’s Court of Baltimore City judgment was entered in favor of the Cumberland Coal Company against George J. Rehm, Jr., for eighteen dollars and costs, whereupon the judgment debtor filed in the Baltimore City Court his petition against the coal company and the presiding justice of the People’s Court for the writ of certiorari in the premises, assigning as á reason therefore that the People’s Court acquired no jurisdiction, because the praecipe, to which was attached an itemized statement of his indebtedness, was signed by a collection agency as agent of the coal company, which agency it was alleged again appeared in the People’s Court on the trial date and proved the claim against him, and that its conduct amounted to the practice of law, contrary to the intent and purpose of sections 19 and 20, article 10, of the Code, and in violation of the provisions of section 626 of the Baltimore City Charter (Code Pub. Loc. Laws 1930, art. 4). A further reason that the People’s Court was without jurisdiction was assigned upon the ground that the petitioner had not been duly summoned.

The petition for the writ being granted, the proceedings in the case were certified to the judge of the Baltimore City Court, who, after considering them and hearing the parties interested in the case, and considering the authorities cited by them, granted the motion of the coal ³⁶⁷ company to quash the writ, and from this action an appeal is taken to this court. The proceedings showed the defendant was duly summoned and, no contention in respect thereto being raised • by appellant’s brief or in oral argument, it is unnecessary to give further consideration to that proposition. The substantial question presented is narrow, and involves a determination as to whether the judgment rendered in the People’s Court is null and void. Section 626 of the Baltimore City Charter (1927) contains a provision that “No Justice of the Peace, in any case of debt or damages whatever, shall issue a summons except on application for the same, in writing, by the plaintiff or his attorney,” etc. Code Pub.

Loc. Laws 1930, art. 4, sec. 626. Section 19 of article 10 of the Code makes it an offense punishable by fine or imprisonment for any person to receive reward for services as an attorney at law unless previously admitted to the bar, while section 20 of the same article subjects any one not entitled to practice law to a penalty of fine or imprisonment