Yule v. Crowley

Finan, J., delivered the opinion of the Court. This is an appeal from the denial of appellant’s motion for a transfer of action from law to equity. Appellant commenced an action at law against Michael S. Crowley and Sally M. Crowley, his wife, who is not a party to this appeal. On February 17, 1967, the lower court entered judgment nisi in favor of appellant against Sally M. Crowley, but dismissed the action against Michael S. Crowley, the court noting that “were this a cause in equity, the results may have been different.” On February 21, 1967, appellant filed motions to transfer the suit to equity and for a partial new trial.

On May 19, both motions were denied in open court. Prior to 1961, Maryland Rule SIS a read as follows: “Where it shall appear that the plaintiff is or may be entitled to some relief or remedy, but not in the particular court, or on the side of the court in which the action is brought or the relief is prayed, the plaintiff shall not on that account be nonsuited or the action dismissed, but the action may, in the discretion of the court in which pending he transferred by an order to such proper court or docket, either of equity or law, in the same county, as the nature thereof may require, and upon such terms as to the payment of costs as the court may order.” The 1961 amendment to this rule deleted the italicized words and substituted the words “shall be.” The obvious import of ²⁶² this amendment was to create the right of mandatory removal to the