942 ARTICLE 26.

ticular 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. v. Schall, 96 Md. 227.

No appeal from action of 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 declared policy of the law that where it appears the
plaintiff is entitled to some remedy, his suit shall not be dismissed because he has
invoked aid of wrong tribunal. Safe Deposit Co. v. Cahn, 102 Md. 542.

For a case which was reversed in court of appeals on ground that no relief could
be had in equity, but was remanded under this section without prejudice to the
appellee to sue at law, see Maryland Hotel Co. v. Baltimore Engraving Co., 92
Md. 725.

Cited but not construed in Brehm v. Sperry, 92 Md. 408.

This section is identical with art. 75, sec. 124. See also art. 75, sec. 109, et seq.

Salaries of Judges.1

An. Code, sec. 45. 1904, sec. 45. 1892, ch. 388. 1908, ch. 180. 1914, ch. 847.

45. The salary of each Chief Judge of the first seven judicial circuits
and of the Judge of the Court of Appeals from Baltimore City, shall be
six thousand eight hundred dollars per annum; the salary of each of the
several Judges of the Supreme Bench of Baltimore City shall be five thou-
sand five hundred dollars per annum; the salary of each associate judge of
the first seven judicial circuits shall be four thousand six hundred dollars
per annum; said salaries shall be payable quarterly.

What are judicial services? For a case involving right of a judge to recover for

extra judicial services under act of 1805, ch. 86, sec. 2, see State v. Chase, 5 H. &

J. 305.

Pensions of Judges.

An. Code, sec. 46. 1904, sec. 46. 1904, ch. 236.

46. Every judge of the circuit court for any of the counties, and of
the supreme bench of Baltimore city, and of the court of appeals, who
shall attain the age of seventy years while in office, after having served
the ten preceding consecutive years, and every judge of any of said courts
who shall have served upon the bench fifteen consecutive years, whether
such service be before or after April Y, 1904, or partly before or partly
after said date, and who shall have reached the age of seventy, and every
person who has heretofore been elected and has served as judge of any

1 See foot-notes to art. 4, secs. 24 and 31, Md. Constitution.