Weed v. Lewis

Citations

• 80 Md. 126
• 30 A. 610
• 1894 Md. LEXIS 107

Syllabus

<p>Certiorari — Jurisdiction oj Justices oj the Peace in Attachment Proceedings.</p> <p>If a justice of the peace, who has jurisdiction of the subject-matter, subsequently proceeds irregularly or erroneously, the appropriate remedy is by appeal, and a writ of certiorari does not lie- in such case.</p> <p>The writ of certiorari will only be issued when it is alleged and appears in a prima Jade manner that the inferior tribunal is without jurisdiction.</p> <p>Code, Art. 52, sec. 21, providing that', in suits before justices of the peace, when a defendant is returned summoned and fails to appear on the return day, the justice shall fix a subsequent day for trial, does not apply to an attachment issued by a justice; but in that case judgment may be entered on the return day.</p>