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It does not include equity cases, as I read it,
there would be no right of removal whatsoever in an equity
case unless the Court of Appeals chose to grant one.
As I read it, it does not make an exception in
regard to actions involving land. I don't think we want
actions involving real property rights treated in the
same way.
For hundreds of years actions involving real
property rights have been involved in the county where the
land is located, and thirdly, and this is the thing that
gives me the most trouble with Amendment 13, it seems to
be inconsistent on its face.
In line 9, it says the Court shall — if I read
just that it indicates a case must be removed whenever the
party would file an action under oath, but then the
amendment goes on and says that the Court of Appeals by
rule shall provide for regulation of this provision. It
seems the right under Amendment 13 would be unqualified or
you could en "P when you would have no qualifying right.
We have an unqualified right of removal in the
Maryland Constitution since 1875 in certain cases, namely