Cox v. Bryan

Citations

• 81 Md. 287

Syllabus

<p>Appeal from Officer of Registration — Agreement of Counsel as to Time of Taking Appeal.</p> <p>The jurisdiction of a Court to entertain appeals from the action of officers of registration of voters is special and limited and distinct from its general authority; and when a statute prescribes the time within which an appeal may be taken from the action of such an officer, neither an agreement of counsel nor an order of Court can confer jurisdiction to entertain an appeal taken after the time fixed by statute.</p> <p>The Act of 1892, ch. 573, provides that a party aggrieved by the action of an officer of registration shall have the right to appeal forthwith from such action to the Circuit Court within one week after the final day of the October sitting of the registration officers. The appellant’s name was struck from the list of voters in a certain precinct in the year 1894, when the day of such final sitting was October 15. On October 26, the State’s Attorney agreed that no advantage should be taken of the fact that the petition or appeal was not filed within one week from the last day of the sitting. On October 27, the Court below ordered that the petition be filed as of October 22, and it was actually filed October 30. Held, that the Court had no jurisdiction to entertain the appeal, and that the,same should be dismissed.</p>