In re: Samuel S. Coston
23 Md 271
CASE SUMMARY
PROCEDURAL POSTURE: Petitioner sought to compel a criminal court to transmit a transcript of the record in a habeas corpus case.
OVERVIEW: The criminal court had refused to transmit the transcript on its own because it found that petitioner could not appeal from the habeas corpus case. The court stated that
it had the exclusive right and province to determine the bounds of its jurisdiction, and decide in what cases an appeal did or did not lie from the judgments of inferior tribunals. However,
the court held that petitioner had no right to appeal the order denying his habeas corpus petition. Thus, it dismissed his petition.
OUTCOME: The court dismissed the petition.
Appellate Court Records:
COURT OF APPEALS (Docket) In re:
Samuel S. Coston, 1865, April Term no. 250, p. 330 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) In re:
Samuel S. Coston, 1865, April Term no. 250 [MSA S393-21, 1/65/12/63].
Trial Court Records:
Unable to locate any records of the case from the Criminal Court; see transcript of Criminal Court proceedings in COURT OF APPEALS (Judgments).
Samuel S. Coston v. Leah Coston
25 Md 500
CASE SUMMARY
PROCEDURAL POSTURE: Respondent filed a writ of error to the Circuit Court of Baltimore City (Maryland) from a decision of a criminal court that granted a writ of habeas corpus to
petitioner mother that ordered respondent from detaining the mother's children and ordered the children from respondent's custody and delivered to the parent named in the petition.
OVERVIEW: The petition for the writ of habeas corpus was directed to defendant commanding him to produce the children alleging that they had been illegally arrested and were
held in custody by him. The mother contended that a writ of error did not lie at common law upon a habeas corpus. The court held that a writ of error might have been brought in both
criminal and civil cases, and had no particular power which gave it a wider range or greater effect than an appeal in the latter. However, the court further held that a decision on habeas
corpus could not have been reviewed by writ of error because the decision was not a final judgment.
OUTCOME: The court dismissed the writ of error.
Appellate Court Records:
COURT OF APPEALS (Docket) Samuel S.
Coston v. Leah Coston, 1866, April Term no. 132, p. ??? [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Samuel S.
Coston v. Leah Coston, 1866, April Term no. 132 [MSA S393-23, 1/65/12/65].
COURT OF APPEALS (Briefs) Samuel S.
Coston v. Leah Coston, 1866, April Term no. 132 [MSA S375-43, 1/64/13/11].
COURT OF APPEALS (Judgments) Samuel
S. Coston v. Leah Coston, 1866, April Term no. 132 [MSA S381-63, 1/62/08/10].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Samuel Coston v. State of Maryland, 1865, 7A, p. 85 [MSA T55-7, 3/3/14/35].
BALTIMORE CITY CIRCUIT COURT
(Equity Papers A) Samuel Coston v. State of Maryland, 1865, box no. 119 [MSA T53-135, 3/11/14/59].
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