Griffin v. Leslie

Bowie, C. J., delivered the opinion of this Court: In this case, the defendant, the appellant, was returned “Summoned” to the January Term 1859, which began bn the second Monday of that month. He appeared by attorn noy, and on the 14th of January filed a suggestion in writing, supported by affidavit, that a fair and impartial trial could not he had in the Court where the suit was depending. On the 31st of January 1859, the Court refused to remove said cause, because no • plea with an affidavit had been filed as required by the Act of 1858, ch. 323, from which order refusing the removal, the defendant prayed afi-appeal. The Court below refused to allow the appeal to bb entered and the cause transmitted, hut proceeded tb ¹⁸ enter final judgment for want of a plea; whereupon a second appeal was prayed and granted.

The removal of causes from one county to another for trial, upon suggestion in writing supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county where such suit or action is pending, was and is deemed so essential to the impartial administration of justice, as to be guaranteed by the Constitution and Laws of this State, in all suits or actions at law, issues from the Orphan’s Court, or from any Court of Equity, petitions for freedom, presentments or indictments, Art. 4, sec. 28; 1854, ch. 325; Code, Art. 15, secs. 11, 12, 13. Notwithstanding the Constitution declares, “that such further remedy in the premises may be provided by law as the Legislature shall from time to time direct and enact,” this power has been, held to be a power to enlarge, not to restrain the exercise of the right. 5 Md. Rep., 370 , Wright vs. Hammer. “This clause of the Constitution was designed to secure-to parties, beyond the control of the Legislature, the general right to remove their causes under certain sjoecified conditions, but not to prohibit the Legislature from enlarging the right at any time.” Wherever and whenever the privilege has come under consideration, it has been construed liberally. The State vs. Dashiel, 6 H & J., 268. Cromwell vs. The State, 12 G. & J., 251 .

Negro Jerry vs. Townshend, 2 Md. Rep., 218. “All laws for the removal of causes from one venue to another, were passed for the purpose of promoting the ends of justice, by getting rid of the influence of some local prejudice, which might operate detrimentally to the interests or the rights of one or the other of the parties to the suit.” The conditions prescribed by the Constitution and Acts of Assembly for the exercise of this right, being