Greenland v. Harford County Com'rs

• Decision Date: 09 December 1887
• Parties: GREENLAND v. COUNTY COM'RS OF HARFORD CO.
• Court: Maryland Court of Appeals

11 A. 581

68 Md. 59

GREENLAND v. COUNTY COM'RS OF HARFORD CO.

Court of Appeals of Maryland

December 9, 1887

Error to circuit court, Harford county.

Herman Stump and W. H. Harlan, for plaintiff in error.

W Young and S. A. Williams, for defendants in error.

YELLOTT J.

Proceedings were commenced in this case by a petition invoking the official action of the commissioners of Harford county, and asking for the opening of a public road over the lands of the plaintiff in error, and of other citizens of said county. Upon this petition, a commission was issued to examiners, and from the order confirming the report of said examiners an appeal was taken to the circuit court for Harford county. In that court, issues were framed, and a trial by jury resulted in a verdict and judgment. The cause has been brought into this court on writ of error founded on alleged irregularities in the proceedings.

It is clear that the only question which can be considered and determined in this court is that which relates to the jurisdiction of the court below. If that court assumed a jurisdiction which did not belong to it, and the proceedings were coram non judice, the interposition of this court has been properly invoked; but if the circuit court had jurisdiction, then its alleged error and irregularities cannot be reviewed and corrected in the court of appeals of this state, because the statute, giving an appeal from any decision or order of the county commissioners to the circuit court, says that the judgment of said court on such appeal "shall be final, and may be enforced by due process of law." Rev. Code, art. 71, § 90. If the court below acted in the exercise of a special jurisdiction given by a statute which does not provide for the further prosecution of the cause, but in express terms renders its judgment a finality then no supposed error committed by it can be brought here for revision and correction. As was decided by this court in the very recent case of Gaither v. Watkins, 66 Md. 582, 8 A. 464, "if the county commissioners had jurisdiction over the subject-matter subsequent irregularities in their proceedings, or in those of the examiners, were matters to be taken advantage of by way of appeal to the circuit court. Such irregularities in no manner affected their jurisdiction over the subject-matter." In the case just cited, this court has decided that "the county commissioners have exclusive jurisdiction in regard to the opening of public roads." This jurisdiction is given by the general law applicable to all the counties in the state. The Code of General Laws, art. 28, § 12, provides that "all applications for opening, altering, or closing roads shall be...