Legal Opinion

Bel Air Social, Literary, Musical & Dramatic Club v. State

Court of Appeals of Maryland

Decided June 10, 1891PublishedCited by 5 opinions

Appeal as upon Writ oe Error, from the Circuit Court for Harford County. On the 14th of February, 1891, the State’s Attorney for Harford County, by direction of Governor Jackson filed a petition in the Circuit Court for Harford County, praying that a decree of forfeiture of its charter might be passed by the Court against the appellant. An order to show cause was passed by the Court.

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Appeal as upon Writ oe Error, from the Circuit Court for Harford County. On the 14th of February, 1891, the State’s Attorney for Harford County, by direction of Governor Jackson filed a petition in the Circuit Court for Harford County, praying that a decree of forfeiture of its charter might be passed by the Court against the appellant. An order to show cause was passed by the Court. A plea and answer were filed, as also a replication and rejoinder, and a number of issues upon such pleadings were joined. Whilst the issues were pending, and before a jury was empaneled, the defendant filed a…

1Opinion of the CourtAlvey, C. J.

The single question presented here is, whether the right of removal exists in cases ofi proceedings insfci*300tuted under the statute for the forfeiture of chartered franchises, for abuse, misuse or non-use of such franchises, as .provided by the Code, Art. 23, secs. 255 to 263.

The Constitution of the State, Art. 4, sec. 8, provides that in all suits or actions at law, issues from 'the Orphans’ Court or from any Court sitting in equity, and in all cases of presentment or indictment for offences, &c. upon suggestion in writing under oath, &c., that such party cannot have a fair arid impartial…

2Cases cited2 opinions

  1. Cooke v. CookeCourt of Appeals of Maryland · 1875
  2. Trayhern v. HamillCourt of Appeals of Maryland · 1880

3Cited by5 opinions

  1. Bullock v. StateCourt of Appeals of Maryland · 1962
  2. Greenberg v. DunnCourt of Appeals of Maryland · 1967
  3. Mayor of Baltimore v. LibowitzCourt of Appeals of Maryland · 1930
  4. Olson v. LoveCourt of Appeals of Maryland · 1964
  5. Mayor of Baltimore v. KaneCourt of Appeals of Maryland · 1915

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