Roth v. Shupp

Page, J., delivered the opinion of the Court. This action was brought to recover damages for the alleged false imprisonment of the appellant. The record shows that while he was in the actual occupancy of a certain tract of land, on the eleventh day of October, 1898, Catherine Shupp, as agent for the alleged owners of the fee, filed with one Gruber, ⁵⁷ a Justice of the Peace, a sworn complaint, to the effect that the appellant and five other persons, with “ force and arms,” unlawfully ejected, expelled and removed the said owners from the said premises, and still detained the same ; and that therefore she desired and requested the presence of the said Justice upon the premises, to inquire into the matter, by his “ own proper view, as the law directs.” The Justice, thereupon, on the same day, issued his warrant, to a constable commanding him to arrest the appellant and the other persons named, and bring them before him immediately. On the same day and before the appellant had been arrested, the Justice went upon the premises and examined into the matter, by viewing the premises, and by taking sworn testimony.

The appellant was not present during these proceedings. On the next day, however, he was apprehended and taken before the Justice. He then demanded, that he be permitted to examine witnesses and be heard in his defense by himself or by his counsel. But this the Justice refused, on the advice of Mr. Douglas, the attorney for Mrs.-Shupp; and thereupon entered judgment against the appellant and the others of $25.00 fine and costs; and in default of the payment of his fine and costs, the appellant was committed.

The testimony in the record shows that the Justice had made and determined upon his judgment, the day before, after the trial on view upon the premises, but the judgment was entered on the next day, after the appellant was arrested, and while he was in fact in the presence of the Justice. Upon being committed the appellant was carried to the jail, whence he was discharged five days later on habeas corpus. The only exception is to the action of the Court in refusing the instructions to the jury asked for by the appellant, and in allowing those which it granted on its own motion. The Court refused all of the prayers offered by the appellant of which there were twelve; except the eleventh which was granted with a modification, and also all the appellee’s; and in lieu of those asked by the several parties, gave its own instructions.

Instead of considering separately, the several prayers re ⁵⁸ jected by the Court, it will be sufficient to examine the several instructions that were granted, for the reason, that if the theory of the Court as to the law was correct, then that of the appellant’s counsel, as set forth in their 2d, 3rd, 4th, 5th and 8th, was erroneous. The Court in its first instruction, told the jury, in substance, that if they found that the Justice went on the premises and from the evidence then taken, determined that the parties were guilty of detaining the premises, and that on the next day the warrant was issued and under it the appellant was then brought before him, and that while the appellant was there before him the Justice fined him, and that the appellant refused to pay the fine or enter into a recognizance, and in default thereof was committed, then the appellant was not entitled to recover although the magistrate declined to give any further hearing, provided the Justice acted in good faith, and believed and determined that he was legally authorized by law to so act. That the information, on oath, disclosed a state of facts that gave the Justice of the Peace jurisdiction of the subject-matter of the proceeding, is now not open for consideration. It was distinctly so decided when the case of Roth v. The State, 89 Md. 528 , was before this Court.

It is also in proof in this case as it appears in the record, that while the proceedings were pending and before the judgment was actually rendered, the appellant had been apprehended and brought before the Justice, and had asked for a further hearing of the matter. It was while he was present, that the Justice deliberated upon his application, and after determining that he was not entitled to a further hearing entered up the judgment. If these be the facts the Justice had acquired full jurisdiction. The subject-matter was within his authority and the party was before him.

He had therefore full power and authority to determine all questions that the issues of the case involved. If, being so empowered he acted irregularly or committed an error in reaching his conclusions, that did not deprive him of his jurisdiction, nor render his judgment void, until it had been set aside by some tribunal authorized by law so to do. - There is ⁵⁹ a full and complete remedy furnished by our statute for such cases, and that was open to the appellant here. He could have appealed to the Circuit Court, and there have had a new trial, with or without a jury, as he elected. And that was