Wylie v. Johnston
Court of Appeals of Maryland
* Appeal from the Circuit Court of Baltimore City. The bill was filed in this case by the appellant against the appellees and others for the specific performance of an agreement to lease, and for the recovery of alleged arrearages of rent.
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* Appeal from the Circuit Court of Baltimore City. The bill was filed in this case by the appellant against the appellees and others for the specific performance of an agreement to lease, and for the recovery of alleged arrearages of rent. A final decree having been passed in the cause, the court (Alexander, J.,) at the same term passed an order vacating the decree, but requiring the defendants to file their answers before the succeeding term, under the penalty of a re-affirmance of the decree, and to pay the costs up to the time of the order. From this order the present appeal was taken by…
1Opinion of the CourtStewart, J.
court.
The powers and duties of the Court of Appeals, are defined and limited. It cannot entertain appellate jurisdiction except when prescribed by the law. Where it undertakes to review the proceedings qf subqrdinate tribunals, the authority must be shown. It is also the province of the appellate court to decide when an appeal lies, and not the-court from which the appeal is taken.
*303We do not propose now to determine to what extent the right of appeal has been modified by the Code in relation to appeals from courts of law. In Rutherford v. Pope, *15 Md. 579, it was decided, that during the term at…
2Cases cited2 opinions
- Rutherford v. PopeCourt of Appeals of Maryland · 1860
- Thomas v. DoubCourt of Appeals of Maryland · 1851
3Cited by10 opinions
- B & K Rentals & Sales Co. v. Universal Leaf Tobacco Co.Court of Appeals of Maryland · 1990
- Lewis v. LewisCourt of Appeals of Maryland · 1981
- Peoples v. AultCourt of Appeals of Maryland · 1912
- King v. State Roads Commission Ex Rel. StateCourt of Appeals of Maryland · 1982
- Standish Corporation v. KeaneCourt of Appeals of Maryland · 1959
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