Steinpreis v. Leet

Prescott, C. J., delivered the opinion of the Court. This appeal gives us little difficulty in its decision. Our main difficulty has been to attempt to unravel the pertinent issue or issues for determination (briefs on both sides and the record extract having been prepared and submitted in proper person). Appellant’s briefs go into the history and law of the actions of ejectment and distraint for rent, and point out allegedly erroneous rulings by, and conclusions of, the judge of the People’s Court of Montgomery County and, on appeal, by a judge of ²¹⁴ the Circuit Court for said county.

However, the basic, and only, issue necessary to determine the appeal is whether the said People’s Court and Circuit Court lacked jurisdiction, in its fundamental sense, to consider and determine the case below. (The record before us does not make it clear that the question of jurisdiction was raised in the People’s Court, Shippler v. Broom, 62 Md. 318 , however, appellant claims that he did and appellee does not deny the claim. For the purposes of this appeal, we shall assume that he did. For the proper procedure to be followed where the jurisdiction of a justice of the peace is desired to be challenged (not followed here), see Rayner v. State, 52 Md. 368 . 1 ) If said courts had jurisdiction, this Court has no constitutional, statutory or other power, under the circumstances here involved, to review their conduct of the case or their conclusions.

(For exceptions to this rule, not here pertinent, see Code (1957), Article 5, § 21.) If either of them lacked jurisdiction, we are empowered to so rule. In the condition that the record reaches us it is impossible to be certain that the facts are stated with precision and accuracy. However, only a few are necessary to determine the appeal, and we shall state them as they seem to be developed in the record. In March of 1963, plaintiff-appellee rented to the appellant, by written lease, a dairy farm, located in Montgomery County, for a specified term, and which called for a monthly rental.

The lease, of course, contained other terms and conditions, which are not pertinent to the determination of this appeal. Controversies arose between the parties and litigation by way of distraint for rent and an action for repossession of the property ensued. Apparently, in about December of 1963, the landlord brought an action in the People’s Court, praying a judgment for restitution of-the premises and past-due rent. (This action is only collaterally relevant to the present appeal.) The court refused the judgment for restitution, but required the payment of back rent.

The landlord appealed to the Circuit Court. While this appeal was pending, the landlord, in the latter part of January, 1964, instituted another suit in the People’s Court asking for a judgment of restitution and rent of $165 for the month of January, 1964 (this was the initial ²¹⁵ proceeding in the appeal at bar.) This case was heard in the People’s Court on January 27, 1964, and resulted in a judgment in favor of the present appellee for restitution and $165, from which the present appellant appealed to the Circuit Court. The first appeal to the Circuit Court was not heard until about February 1, 1964. The Circuit Court reversed and granted a judgment for repossession from which no appeal was attempted.

The appellee