Hoshall v. Hoffacker

Eccleston, J., delivered the opinion of this court. The 28th section of the 4th article of the constitution provides for removals “in all suits or actions at law, issues from the orphans court, or from any court sitting in equity, in petitions for freedom, and in all presentments and indictments” then pending, or which might be pending at the time of the adoption of the constitution by the people, or which might be thereafter instituted in any of the courts of this State, having jurisdiction thereof. And the classes of cases thus enumerated, are the same as those mentioned in the 1st section of the act of 1854, ch. 325. When the application for a removal was made in this case, it was pending in the circuit court for Baltimore county, by virtue of an appeal from a decision of the county commission ³⁶⁴ ers, taken under the 13th section of the act of 1853, ch. 220, upon an application for a public road.

Neither the constitution nor the act of 1854, in express terms, confers the right of removing any case from one county to another, when the game is pending upon an appeal. Nor have we met with any decision, or even heard of any practice, in any part of the State, in affirmance of such a right, either $.s having existed under our former