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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1684   View pdf image (33K)
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1684 PLEADINGS, PEACTICE AND PROCESS AT LAW. [ART. 75

State v. Manly, 1 Md. 141. Cf. Stewart v. State, 1 Md, 129; Biscoe v. State,
68 Md. 294.

Purpose of this section; it has been liberally construed. Hayer v. Colton,
43 Md. 422; Cooke v. Cooke. 41 Md. 368; Price v. Nesbitt, 29 Md. 266; Gard-
ner v. State, 25 Md. 152; Griffin v. Leslie, 20 Md. 18.

As to the removal of a case from a state court to a United States court,
see Adams Express Co v. Trego, 35 Md. 47 and note (6).

For a note reviewing the authorities on the removal of cases, see Wright
v. Hamner, 5 Md. 370.

For a case dealing with this section as it stood prior to the act of 1874,
ch. 364, and now apparently inapplicable by reason of said act, see Klmball v.
Harman. 34 Md. 401.

For cases construing this section as it stood prior to the acts of 1874,
ch. 364, and 1868, ch. 180, see Trayhern v. Hamlll, 53 Md. 91; Gardner v.
State, 25 Md. 146: Griffin v. Leslie, 20 Md. 18; Raab v. State, 7 Md. 483;
State v. Shillinger, 6 Md. 449; Wright v. Hamner, 5 Md. 370; Negro Jerry
v. Townshend, 2 Md. 274; Stewart v. State, 1 Md. 129; Price v. State, 8
Gill, 295; Peters v. Van Lear. 4 Gill, 262; Cromwell v. State, 12 G. & J.,
257; Oliver v. Palmer, 11 G. & J. 144; State v. Dashiell, 6 H. & J. 269;
Queen v. Neale, 3 H. & J. 158.

Cited but not construed in Worman v. Hagan, 78 Md. 164.

As to the removal of cases from courts of law to courts of equity, see
sec. 115.

As to a case removed upon a question reserved for the court in banc, see
sec. 123.

As to the removal of a case ordered by the court of appeals, see art 5.
sec. 23.

As to costs in removed cases, see art. 24, sec. 1. et seq.

1908, ch. 417.

103. In all cases where a suggestion for the removal of a cause is
filed, as provided in the preceding section hereto, it shall be the duty
of the clerk of the court in which such suggestion is filed to notify
counsel for all parties interested as soon as the record in such case is
made up for transmission to the court to which the same has been
directed to be removed, giving such parties a reasonable opportunity
for the inspection of such record, and no cause so removed shall stand
for trial in the court to which sent unless it shall appear from the record
so transmitted either that such opportunity to inspect the record has
been given as aforesaid or that such inspection has been waived, either
by a written statement to that effect filed in the cause or by the lapse
of the time prescribed in the notice sent by the clerk, as aforesaid.
This section not to apply to Baltimore city.

1908, ch. 541.

104. In addition to the right of removal, provided for in section 102
of this article, any party to any suit or action at law, issues from the
orphans' court, or suit in equity, and in all cases of presentments or
indictments for offenses which are or may be punishable by death, shall
have the further right of removal as follows:—upon suggestion in
writing under oath of either of the parties to said proceeding, or of
their respective attorneys that such party cannot have a fair and
impartial trial in the court in which the same may be pending, the
said court shall order and direct the record of proceedings in such
suit or action, issue, presentment or indictment to be transmitted to

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1684   View pdf image (33K)
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