ART. 26] REMOVAL OF CASES. 807

1904, art. 26, sec. 41. 1888, art. 26, sec. 39. 1860, art. 29, sec. 47
1852, ch. 75, sec. 2.

41. The courts and judges aforesaid may grant the relief and exten-
sion provided in the preceding section in favor of sheriffs and collectors
to the securities, executors, administrators or trustees of sheriffs and
collectors, who may respectively succeed to their rights and duties.

Ibid. sec. 42. 1888, art. 26, sec. 40. 1860, art. 29, sec. 48.
1852, ch. 75, sec. 3.

42. The said courts and judges may, in their discretion, require the
party applying for such relief to serve notice on the comptroller and
county commissioners, or on either of them, according to the character
of the taxes represented to be in arrears, previous to passing a final order
on such application.

Ibid. sec. 43. 1888, art. 26, sec. 41. 1860, art. 29, sec. 49.
1852, ch. 75, sec. 5.

43. Nothing contained in the three preceding sections shall prevent
or delay the enforcement by the comptroller, county commissioners or
others interested of their rights and remedies.

Removal of Cases from Courts of Law to Courts of Equity.

Ibid. sec. 44. 1896, ch. 229, sec. 42.

44. In every case at law or in equity in which it shall appear that
the plaintiff is entitled to some relief or to some remedy, but not in the
particular court, or on the side of the court in which the suit is brought
or the relief is prayed, the plaintiff shall not on that account be non-
suited or the case dismissed; but the case may, in the discretion of the
judge presiding in the court in which the suit is pending, at any time,
in any action at law, before the jury retire to consider their verdict, or
in a suit in equity, before the final decree is signed, be removed by an
order in writing signed by the judge or judges there presiding, to such
proper court or docket, either of equity or law, in the same county or
city, as the nature thereof may require, and thereupon such proceedings
shall be had by amendment of the pleadings and otherwise, as shall
conform the case to the course of the court to which the same shall have
been removed under such general or special rules as each of such courts
may prescribe for the adjustment of costs, the prevention of delay and
the promotion of justice.

This section is constitutional. Insurance Co. of North America v. Schall,
96 Md. 227.

No appeal from the action of the lower court in removing, or refusing to
remove, a case under this section. Summerson v. Schilling, 94 Md. 607; Safe
Deposit Co. v. Cahn, 102 Md. 542.

This section shows that it is the declared policy of the law that where it
appears the plaintiff is entitled to some remedy, his suit shall not be dis-
missed because he has Invoked the aid of the wrong tribunal. Safe Deposit
Co. v. Cahn, 102 Md. 542.

For a case which was reversed in the court of appeals on the ground that
no relief could be had in equity, but was remanded under this section without