Herzberg v. Adams
Court of Appeals of Maryland
Appeal from the Baltimore City Court. William Adams sued Seligman Herzberg in trover, before a justice of. the peace, for the conversion of a horse, and in a statement of the cause of action claimed damages to the extent of $99. The plaintiff filed a claim for $100. The justice after hearing the evidence rendered judgment in favor of the defendant, and the plaintiff thereupon appealed to the Baltimore City Court.
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Appeal from the Baltimore City Court. William Adams sued Seligman Herzberg in trover, before a justice of. the peace, for the conversion of a horse, and in a statement of the cause of action claimed damages to the extent of $99. The plaintiff filed a claim for $100. The justice after hearing the evidence rendered judgment in favor of the defendant, and the plaintiff thereupon appealed to the Baltimore City Court. The case was tried before a jury, and a verdict for $100 was rendered for the plaintiff; the defendant, thereupon filed a motion for a new trial, as also in arrest of judgment. Both…
1Opinion of the CourtGrason, J.
It has been repeatedly held by this Court, that, in all cases of appeals from judgments of justices of the peace, *312the judgment of the Appellate Court is final. But these decisions must be understood, as referring to cases within the jurisdiction of the Appellate Court, for, if it exceeds its jurisdiction, an appeal will lie to this Court. Webster, et al. vs. Cockey, et al., 9 Gill, 92; State vs. Mace, 5 Md., 337; Kinnear & Willis vs. Lee & Reynolds, 28 Md., 488; Mears vs. Remare 33 Md., 250.
The appellant, in his brief, contends that the verdict of the jury, being for one hundred dollars, was…
2Cases cited4 opinions
- State v. MaceCourt of Appeals of Maryland · 1853
- Webster v. CockeyCourt of Appeals of Maryland · 1850
- Kinnear v. LeeCourt of Appeals of Maryland · 1868
- Mears v. RemareCourt of Appeals of Maryland · 1870
3Cited by20 opinions
- Gisriel v. Ocean City Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1997
- Staub v. StaubCourt of Special Appeals of Maryland · 1977
- Prince George's County v. Beretta U.S.A. Corp.Court of Appeals of Maryland · 2000
- Murrell v. Mayor of BaltimoreCourt of Appeals of Maryland · 2003
- Cole v. HynesCourt of Appeals of Maryland · 1877
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