Gittings v. State ex rel. Ockerme

The appellant was sued in this action in Baltimore city, and, wishing to avail himself of the provision of the Code, Article 75, section 87, that “no person shall be sued out of the county in which he resides,” until after a return of non est on a summons in that county, moved for a judgment of non pros, on that ground, and supported the motion by his affidavit, that, at the time of bringing this suit, he was and still is a resident of Baltimore county. The plaintiff filed a replication to this motion, denying its allegations, and applied for a jury trial of the issue thus presented. The…