Legal Opinion

Randle v. Sutton

Court of Appeals of Maryland

Decided June 22, 1875PublishedCited by 9 opinions

Appeal from the Circuit Court for Baltimore County. The facts are stated in the opinion of the Court. A lease in the common, though improper use of the term, is an interest or estate in lands. Coke Litt., 42, 45; Taylor on Landlord and, Tenant, 14. And so, if any dispute arises between a landlord and tenant as to the holding or the title to that estate, the justice of the peace has no jurisdiction in the case.

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Appeal from the Circuit Court for Baltimore County. The facts are stated in the opinion of the Court. A lease in the common, though improper use of the term, is an interest or estate in lands. Coke Litt., 42, 45; Taylor on Landlord and, Tenant, 14. And so, if any dispute arises between a landlord and tenant as to the holding or the title to that estate, the justice of the peace has no jurisdiction in the case. Code, Art. 51, sec. 14. To make a valid lease, the lessor must have possession of the lands demised. Taylor’s Landlord and Tenant, 84-5; Bacon’s Abr. Lease, (I,) 4; Lee vs. Norris, Cro.…

1Opinion of the Court

Bartol, C J.,

delivered the opinion of the Court.

The proceedings in this case originated before a justice of the peace, and were instituted by the appellee against the appellant, for the purpose of recovering the sum of thirteen dollars,upon an account filed with the proceedings. Judgment being rendered by the justice, in favor of the plaintiff for $13 and $2.10 costs, the defendant appealed to the Circuit Court, where the judgment was affirmed ; *67whereupon the defendant appealed to this Court. It is well settled that unless the Circuit Court was without jurisdiction, its decision was final ;…

2Cases cited6 opinions

  1. Webster v. CockeyCourt of Appeals of Maryland · 1850
  2. Herzberg v. AdamsCourt of Appeals of Maryland · 1874
  3. State v. BogueCourt of Appeals of Maryland · 1853
  4. Deitrich v. SwartzCourt of Appeals of Maryland · 1874
  5. Mears v. RemareCourt of Appeals of Maryland · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lambros v. BrownCourt of Appeals of Maryland · 1945
  2. Montgomery Ward & Co. v. HerrmannCourt of Appeals of Maryland · 1948
  3. Legum v. BlankCourt of Appeals of Maryland · 1907
  4. Shippler v. BroomCourt of Appeals of Maryland · 1884
  5. Hamburger v. Standard Lime & Stone Co.Court of Appeals of Maryland · 1951

4 more not listed; retrieve them via the Exa API.

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