In re Coston
| Decision Date | 07 July 1865 |
| Citation | 23 Md. 271 |
| Parties | IN THE MATTER OF THE PETITION OF SAMUEL S. COSTON. |
| Court | Maryland Court of Appeals |
PETITION filed in the Court of Appeals of Maryland.
This was a petition filed in this Court, asking the Court to pass an order requiring the Clerk of the Criminal Court of Baltimore city to make out and transmit to the said Court of Appeals a transcript of the record in a Habeas Corpus case in said Criminal Court, wherein Sarah Coston, the mother and next friend of Simon Coston and Washington Coston, was petitioner, and the said Samuel S Coston respondent; in which case the said Samuel S. Coston had prayed an appeal from an order of the said Criminal Court, discharging the said Simon and Washington, but which said prayer of appeal had been overruled by the Court below (BOND, J.,) on the ground that no appeal lies in cases of Habeas Corpus. With the petition were filed certified copies of the papers filed in the Habeas Corpus case, the contents of which need not here be particularly set forth, as they will fully appear in the case of Coston vs. Coston, hereafter to be reported.
The cause was argued before BOWIE, C. J., and BARTOL GOLDSBOROUGH, COCHRAN and WEISEL, J. Wm. Schley and Ezekiel F. Chambers, for the petitioner; no appearance contra.
The points argued in the matter of the petition are much more elaborately presented in the written arguments submitted in the Habeas Corpus case, afterwards brought to this Court on writ of error, and decided at the April Term 1866; it is, therefore, deemed unnecessary to present them here.
It is the exclusive right and province of this Court to determine the bounds of its jurisdiction, and decide in what cases an appeal does or does not lie from the judgments of inferior tribunals, otherwise suitors might be entirely deprived of the benefit of an appeal, by the very authors of the errors by which they deem themselves aggrieved.
The Acts of Assembly and the Code, have declared the cases in which appeals will lie, and the manner and time of taking and prosecuting appeals from Courts of Law. These are limited to " any judgment or determination of any Court of Law, in any civil suit or action," & c. Code, Art. 5, sec. 3.
The legal interpretation of these terms, which were derived from preceding Acts of Assembly, has been established by this Court in the case of Bell vs. The State, 4 Gill, 304, where it was said: " It is clear, ...
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Fuller v. State, 62 September Term, 2006.
...corpus under the statute, this Court had held that there was no right to appeal its denial. Coston v. Coston, 25 Md. 500 (1866); In re Coston, 23 Md. 271 (1865); Bell v. State, 4 Md. (Gill) 301 (1846). In Coston, In re Coston, and Bell, we opined that the denial of a habeas corpus petition ......
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Olewiler v. Brady
...L.Ed. 826; Riddle v. Dyche, 262 U.S. 333, 335-336, 43 S.Ct. 555, 67 L.Ed. 1009; Bell v. State, 4 Gill 301, 305, 45 Am.Dec. 130; Ex parte Costom, 23 Md. 271, 273. Even in a criminal prosecution for felony the right of the accused to be present throughout the trial, Duffy v. State, 151 Md. 45......
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Wisener v. Burrell
...re Barker, 56 Vt. 1; State ex rel. v. Houston, 30 La. Ann. (part 2) 1174; In re Strickland & Alford, 41 La. Ann. 324, 6 So. 577; Ex parte Coston, 23 Md. 271; Howe v. State, Mo. 690; Ferguson v. Ferguson et al., 36 Mo. 197; Ex parte Jilz, 64 Mo. 205, 27 Am. Rep. 218; Hammond v. People ex rel......
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State ex rel. Adams v. May
...'may present a similar application to any other Judge or Court of the State.' Bell v. State, 4 Gill. 301, 304, 45 Am.Dec. 130; Ex parte Coston, 23 Md. 271, 273; Coston Coston, 25 Md. 500, 505-509; State v. Boyle, 25 Md. 509, 520-521; Annapolis v. City of Howard, 80 Md. 244, 245-246, 30 A. 9......