256 ARTICLE 5.

The court of common pleas having no power to review the judgment of a justice
of the peace on habeas corpus, but having done so, the court of appeals has the
right to review such action. State v. Mace, 5 Md. 337.

The court of appeals will not review the judgment of the circuit court under this
section if that court had jurisdiction. A judgment upon a scire facias is a valid
and binding one and falls within this section. The payment of costs under sec. 101
is not required as a condition of the appeal, but is a condition precedent to the
hearing. The filing of the bond under sec. 98 is to stay execution on the judgment,
and does not relate to the right of appeal or the jurisdiction of the circuit court on
appeal. Jurisdiction of circuit court upheld. Wilmer v. Mitchell, 122 Md. 301.

Generally.

The case is disposed of by the appellate court in the.same manner as if no judg-
ment had been rendered by the justice; the plaintiff may take a non pros, and is
at liberty to bring a new suit. The court may reverse the case without prejudice.
Borden, etc., Co. v. Barry, 17 Md. 428. And see Zitzer v. Jones, 48 Md. 115.

There is nothing in the act of 1912, ch. 823, known as the " People's Court Act,"
which in terms or by fair implication is in derogation of the appeal from judgments
of justices of the peace provided by this section. Levin v. Hewes, 118 Md. 644.

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
on 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, 62 Md. 243.

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

An. Code, sec. 87. 1904, sec. 87. 1888, sec. 84. 1834, ch. 105, sec. 1.

93. 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.

Ah. Code, sec. 88. 1904, sec. 88. 1888, sec. 85. 1852, ch. 239, sec. 3. 1912, ch. 622.

1918, ch. 132, sec. 88.

94. On the party signifying his intention to appeal, it shall he 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, together with a tran-
script of the docket entries under his hand and seal, to the clerk of the
circuit court, or the clerk of the Baltimore city court, and said transcript
of the docket entries shall be prima facie proof of the proceedings had
and the judgment entered in said cause.

An. Code, sec. 89. 1904, sec. 89. 1888, sec. 86. 1852, ch. 239, sec. 3.

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

An. Code, sec. 90. 1904, sec. 90. 1888, sec. 87. 1852, ch. 239, sec. 3. 1904, ch. 662.

96. 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