ART. 5] APPEALS FROM JUSTICES OF THE PEACE. 175

The jurisdiction of the circuit court or Baltimore city court is appellate
and no appeal lies from its judgment, nor from its action in quashing an
attachment issued ou such judgment. Main v. Fessler, 89 Md. 470. See
also, Judefind v. State, 78 Md. 511; Rayner v. State, 52 Md. 374; Hough v.
Kelsey, 19 Md. 454.

Where a party has a right of appeal under this section, equity will
afford no relief from the action of a Justice. Chappell v. Cox, 18 Md. 518.
And see Lyday v. Douple. 17 Md. 195; Brumbaugh v. Schnelby, 2 Md. 324;
Gott v. Carr, 6 G. & J. 309.

A bill of exceptions is not allowed and will be disregarded on appeals
from a justice of the peace. Cole v. Hynes, 46 Md. 181.

Cited but not construed in Slymer v. State. C2 Md. 243.

As to "justices of the peace." see art. 52.

1904, art. 5, sec. 87. 1888, art. 5, .sec. 84. 1860. art. 5, sec. 51.
1834. ch. 105, sec. 1.

87. If either party die after the rendition of a judgment by a justice
of the peace, his executor or administrator may appeal within sixty days
after the rendition of the judgment.

Ibid. sec. 88. 1888, art. 5, sec. 85. 1860. art. 5, sec. 52. 1852. ch. 239, sec. 3.

88. On the party signifying his intention to appeal, it shall be the
duty of the justice of the peace to enter the appeal, with the date thereof,
upon his docket, and to transmit the papers in the cause to the clerk of
the circuit court, or the clerk of the Baltimore city court.

Ibid. sec. 89. 1888, art. 5, sec. 86 1860, art. 5. sec. 53. 1852, ch. 239, sec. 3.

89. All appeals shall be docketed, and summons for the appellee
issued by the clerk of the circuit court or Baltimore city court, immedi-
ately upon the filing the papers in his office, and no petition shall be
necessary in any case.

Ibid. sec. 90. 1888. art. 5, sec. 87. 1860, art. 5, sec. 54.
1852, ch. 239. sec. 3. 1904, ch. 662.

90. If the summons shall be returned "summoned," and the papers
shall have been filed ten days previous to the commencement of the then
next term of the court, the case shall stand for trial at the first term,
but if the papers are not filed within that time the case shall not stand for
trial until the second term, and if, when said case is called for trial,
the appellant is not ready to prosecute his appeal, the court, instead of
hearing said case de novo, shall affirm the judgment of the justice of
the peace, with costs against the appellant, and if there be cross appeals,
the court shall affirm the judgment of the magistrate, as against the
defendant side of the case below where the defendant appealed, and is
not in court ready for trial when said appeal is called for hearing; pro-
vided, the party appealing shall dismiss his appeal, and if he does not,
the court shall proceed to hear said cross appeals de novo'.

Ibid. sec. 91. 1888. art. 5, sec. 88. 1860, art. 5, sec. 55.
1852. ch. 76, sec. 3 1852, ch. 336.

91. If two summonses be returned nan est, or one summons bo

returned served, the court may hear and determine the case ex parte.

Where there is only one return of "non-est," the court is without jurisdic-
tion. Hears v. Remare, 33 Md. 251.

Where the city court proceeds prior to the return of two non-ests. and its
action is reversed on appeal, the case will be remanded to the city court
as if no trial had occurred there. Mears. v. Remare, 34 Md. 334.