Rayner v. State
Court of Appeals of Maryland
Writ or Error from the Circuit Court for Charles County. Tlie plaintiff in error was charged before a justice of the peace of Charles County, on the oath of William 8. Chiles, Deputy Commander of the'Fishery Force, with a violation of the provisions of the Act of 1872, ch. 198, and the amendments thereto passed at January session, 1878, ch. 502, by fishing a trap or net of less than three inches mesh, and without having any license, near the mouth of Port Tobacco creek, a…
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Writ or Error from the Circuit Court for Charles County. Tlie plaintiff in error was charged before a justice of the peace of Charles County, on the oath of William 8. Chiles, Deputy Commander of the'Fishery Force, with a violation of the provisions of the Act of 1872, ch. 198, and the amendments thereto passed at January session, 1878, ch. 502, by fishing a trap or net of less than three inches mesh, and without having any license, near the mouth of Port Tobacco creek, a tributary of the Potomac Eiver, between Maryland Point in Charles County and Chiseldine Island in St. Mary’s County; said…
1Opinion of the CourtAlvey, J.
The first question to be determined is, whether this case is properly before us. The statute under which the proceeding originated before the justice of the peace gave the right of appeal to the Circuit Court for Charles County (Act of 1872, ch. 198, sec. 6,) and from the judgment of the latter no appeal or writ of error will lie to this Court, unless expressly given by statute. It is only where the Circuit Court has proceeded without right or jurisdiction to hear and decide the case that an appeal or writ of error may be taken to this Court to reverse the judgment thus unwarrantably…
2Cases cited7 opinions
- Whelan v. CookCourt of Appeals of Maryland · 1868
- Webster v. CockeyCourt of Appeals of Maryland · 1850
- Swann v. Mayor of CumberlandCourt of Appeals of Maryland · 1849
- Reuben Town v. President of the Bank of River RaisinMichigan Supreme Court · 1847
- Hough v. Kelsey & GrayCourt of Appeals of Maryland · 1863
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3Cited by41 opinions
- State v. GreenCourt of Appeals of Maryland · 2001
- State Ex Rel. Sonner v. ShearinCourt of Appeals of Maryland · 1974
- Arnsperger v. CrawfordCourt of Appeals of Maryland · 1905
- Board of License Commissioners v. Corridor Wine, Inc.Court of Appeals of Maryland · 2000
- Tighe v. OsborneCourt of Appeals of Maryland · 1926
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