76 Md. 457 | Md. | 1892
delivered the opinion of the Court.
On the 9th of March, 1892, William H. Weaver and twelve others, filed their petition addressed to E. Beatty Graff, Esq., a justice of the peace of the State of Maryland, in and for Baltimore City, alleging that the roadbed of the Baltimore and Harford Turnpike Company for more than fifteen days then last past, had not been in good and perfect order, hut that the same had been
We think the Court erred in overruling the motion to quash. The record shows conclusively that the pro
The appellees in their brief state that, “From the view which the Court below took of the statute, the jury of inquisition acted as a grand jury, and found an indictment only. On this indictment the appellant asked for a jury trial, which was granted, and appellant was convicted.” We fail to see the analogy between the proceeding contemplated by the Act of 1812, ch. 18, sec. 26, which provides a penalty, and the manner of its enforcement, and an indictment found by a grand jury. The remedy here is only a statutory method of dealing summ
It follows from what we have said, that the Court below was proceeding under the provisions of a special jurisdiction conferred by statute, which gives this Court no authority to review the judgment of the Court below, and therefore the appeal must he dismissed.
Appeal dismissed, with costs.