Wright v. Hamner

Mason, J., delivered the opinion of this court. The present appeal involves the question of the legality of the removal of this cause from the Superior court of Baltimore city, to the circuit court of Baltimore county. The removal was ordered under the act of 1854, chap. 325. In the consideration of this appeal, three questions arise: First, is the act of 1854 constitutional?

Secondly, if constitutional, does it embrace within its operation the courts of the city of Baltimore? And, Thirdly, if the first two propositions be correct, is Baltimore county an adjoining county to Baltimore city ? We think the first point has been settled by the case of Negro Jerry vs. Townshend 2 Md. Rep., 274. The clause of the new constitution upon this subject, is substantially, if not literally the same with the old, which we have construed in ³⁷⁵ that case.

We are of the opinion that the clause in the constitution upon the subject of the removal of causes was designed to secure to parties, beyond the control of the legislature, the general right to remove their causes under certain specified circumstances, but it was not the design of the constitution to prohibit the legislature from enlargiug the right at any time. We regard the act of 1854, chap. 325, as but the legitimate exercise of that power. Townshend vs. Townshend, 9 Gill, 506 . In the second place we must inquire whether this act embraces the courts of the city of Baltimore.

We think it does. It has been urged, that by the new constitution the subject of a law must be indicated by its title, and as this act provides for the trial of facts in the several circuit courts of the State, the Superior court of Baltimore cannot be embraced within its operation. The Superior court is certainly one of the courts of one of the judicial circuits of the State: Baltimore city being by the 8th section of the 4th article of the constitution made the fifth judicial circuit: Therefore, the Superior court being a court of one of the judicial circuits of the State, may be regarded iu the