13 A.2d 614 | Md. | 1940
This is an appeal from an order of the Baltimore City Court, and raises the question whether this order conforms to, and carries out, the terms of a mandate of the Court of Appeals in the case wherein Leon Chayt, and his wife, had brought suit for the purpose of restraining the Maryland Jockey Club and Frainie Brothers, from erecting on certain lots of ground owned by the Jockey Club a stable of frame construction. In the case wherein this mandate was passed, being No. 27 at the October Term, 1939 (see Chayt v. Board of Zoning Appeals,
There can be no question that the lower court cannot revise or disregard any mandate of this court. The Constitution of Maryland provides, article 4, section 15, with respect to appeals to this court, "The judgment of the court shall be final and conclusive," and it is obvious *403
therefore, as stated in the case of Waters v. Waters,
In view of the opinion and decision in Baltimore v.Linthicum,
Order reversed, case remanded, costs to be paid by FrainieBros., appellee. *405