Shippler v. Broom

Tellott, J., delivered the opinion of the Court. The controversy between the parties to this cause had its inception in proceedings taken by the appellee, in conformity with the provisions of the Act of 1882, ch. 355, to obtain possession of certain real estate, in the City of Baltimore, from the appellant who, he alleged, was his tenant holding over after the expiration of his term. In the record appear the notice, affidavit of service, and summons issued by a justice of the peace, and there is also a judgment of non pros, for want of jurisdiction. The questions in controversy were then carried by appeal into the Baltimore City Court, and the judgment of the justice was, by that Court, reversed.

The pending appeal has been taken from the judgment of the Baltimore City Court. The only ground on which an exercise of the revisory powers of this Court can be successfully invoked, in a case where the judgment was rendered by an appellate tribunal, reviewing the decision of a justice of the peace, is the want óf jurisdiction to consider and determine the questions involved in litigation. The principle' is too well settled to be controverted, that in an appeal from the decision of a justice of the peace the judgment of the appellate Court is a finality, unless such Court transcends the limits •of its jurisdiction. The appellant relies on the provision of the Code contained in Art. 51, sec. 14, that “no justice of the peace shall have any jurisdiction in actions where the title to lands is involved, nor in actions for slander, for breach of promise to marry, or to enforce any lien for work or ma ³²⁰ terials furnished.” In its construction of this statutory-provision this Court has said in the case of Randle vs. Sutton, 43 Md., 68 , that its sole purpose and effect is to-deny jurisdiction to the justices in the specified actions for slander, for breach of promise of