Blimline v. Cohen
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. Replevin by the appellant, to recover certain goods, merchandise and chattels contained in a store in Baltimore city, which had been mortgaged by tire appellant to tbe appellee, to secure the sum of $500. The damages claimed in the declaration were $500. The properly as appraised in the schedule annexed to the return of the writ amounted to $538.05. Pleas, non cepit and property in defendant.
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Appeal from the Court of Common Pleas for Baltimore city. Replevin by the appellant, to recover certain goods, merchandise and chattels contained in a store in Baltimore city, which had been mortgaged by tire appellant to tbe appellee, to secure the sum of $500. The damages claimed in the declaration were $500. The properly as appraised in the schedule annexed to the return of the writ amounted to $538.05. Pleas, non cepit and property in defendant. The verdict and judgment were in favor of the defendant upon an instruction granted by the court, (Marshall, J.,) that the plaintiff was not…
1Opinion of the CourtLe Grand, C. J.
In the view we have of this case it is not necessary we should examine the various points raised and discussed by counsel. We are of the opinion that the Court of Common Pleas has not any original jurisdiction in actions of replevin. Its jurisdiction is limited and defined by the 10th section of the 4th article of the constitution. That section declares the Court of Common Pleas “shall have jurisdiction in all suits *148where the debt or damage claimed shall be over one hundred dollars, and shall not exceed five hundred dollars. ’ ’ Language similar to this in the old acts of Assembly, giving…
2Cited by2 opinions
- Miller v. BarrollCourt of Appeals of Maryland · 1859
- Thaw v. RitchieDistrict of Columbia Court of Appeals · 1886