Board of County Commissioners v. Jay

Citations

• 122 Md. 324

Syllabus

<p>Appeal and writs of error. Circuit Courts: special jurisdiction; appeals. Roads: closing of — -; jurisdiction of County Commissioners; appeals.</p> <p>The Court of Appeals can not review the judgments of the Circuit Courts sitting as appellate tribunals, under statutory authority, when no express right of appeal is given, except in cases where such courts have exceeded their jurisdiction. p. 32Y</p> <p>In docketing an appeal to the Circuit Court of Harford County, from the decision of a Board of County Commissioners as to the closing of a road, the suit was docketed against the County- Commissioners, instead of against the “party or petitioners” who were successful, etc., as provided by statute (Code of 1912, Article 5, section 84); the Board of County Commissioners, when summoned, appeared by counsel and submitted to the jurisdiction; the Circuit Court, in such a case, having jurisdiction over the parties, and special statutory jurisdiction over the question, with the right to decide and render judgment without any review, the judgment was final. p. 329</p> <p>The fact that the cost of closing a road is to be paid by some parties other than the County Commissioners does not affect the right of appeal, given by the statute, to any “party to the proceedings or any taxpayer not a party.” p. 328</p> <p>A writ of error has no more extensive range, or greater effect, than an appeal; they being but different modes of obtaining a review of a judgment of a court of inferior jurisdiction by an appellate court. p. 327</p>