Weikel v. Cate

Robinson, J., delivered the opinion of the Court. The Act of 1874, ch. 320, repeals sec. 16, of Art. 29, Code of Public General Laws, as amended by the Act of 1867, ch. 267, and provides, that on all judgments rendered in any Court of lazo, an execution or attachment may issue at any time within twelve years, from the date of the judgment. In this case, an attachment was issued by a justice of the peace, on a judgment rendered by a justice of the peace, of more than three years standing, and the main question is, whether such a judgment is within the meaning of the Act of 1874 P At common law, justices of the peace were merely conservators or keepers of the peace, and although the Legislature in this State has conferred on them a limited jurisdiction in civil and criminal cases, the office itself has never been considered a Coui't of lazo. This, we think, is apparent from sec. 1, Art. 4, of the Constitution, by which it plainly appears, that a Court of law within the meaning of the Constitution, is a Court of record.

A judgment rendered before a justice of the peace, is not therefore a judgment within the meaning of the Act of 1874. This being so, the question is, whether the appellee Cate, is entitled to an injunction to restrain the execution of the judgment of condemnation entered on the attachment ? And this depends upon whether the judgment of condemnation was obtained by fraud, mistake or surprise, and without any fault on his part. The proof shows that in 1871, jWeikel, the appellant, recovered a judgment before a justice of the peace against ¹¹¹ Schaum.

In 1878, Schaum recovered a judgment against Cate, in the Court of Common Pleas of Baltimore City, from which Cate appealed to this Court. On the day the judgment was entered, Weikel caused an attachment to be issued on the judgment, which he had recovered in 1871, before the justice of the peace, and the attachment was laid in the hands of Cate, garnishee of Schaum. On this attachment, a judgment of condemnation was