Shueey v. Stoner

Bartol, C. J., delivered the opinion of the Court. The bill in this case prays an injunction to restrain the enforcement of a judgment rendered by the Circuit Court for Carroll County, on an appeal from an order of the County Commissioners authorizing the opening of a private road across the land of appellant. The injunction was refused, and the only question sought to be presented on this appeal is, whether it was competent for the Circuit Court, to which the appeal from the Commissioners -was taken, to allow the original petition for the opening of the road, to be amended in that Court, under the Act of 1876, cli. 193. The present appellant resisted the application for leave to amend the petition, and when th.e amended petition was filed, he demurred to it; and after the demurrer was overruled, the case, by agreement, was tried before the Court without the aid of a jury.

And upon the judgment of the Court being announced, the present appellant moved in arrest of judgment, and that the order of affirmance be stricken out and vacated, and assigned several reasons therefor ; among others the want of power or jurisdiction in the Circuit Court to allow the original petition to be amended. The motion was overruled and thereupon the questions there raised were reserved at the instance of the present appellant, for review by the Court in banc. That Court, upon hearing and review of the case, affirmed the rulings and judgment of the Circuit Court; and the application for an injunction to restrain the judgment of affirmance, presents the question as to the effect of that ¹⁷⁰ judgment, under the 22nd section, Art. 4 of the Constitution of the State. The section referred to provides that “the decision of the said Circuit Court in banc shall be the effective decision in the premises, and conclusive as against the party at whose motion said points or questions' were reserved.” The question controverted in this case, being one of jurisdiction, the party thinking himself aggrieved by