Legal Opinion

Weiskittle v. State ex rel. Samuel

Court of Appeals of Maryland

Decided March 13, 1882PublishedCited by 18 opinions

Appeal from the Court of Common Pleas. This action was instituted on the 13th of September, 1880, in the Court of Common. Pleas by the appellee against Anton Weiskittle and Anton Weiskittle, Jr., to recover damages for the killing on the 23rd of July, 1880, of an infant child of the equitable plaintiff, Rachel Samuel, a widow.

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Appeal from the Court of Common Pleas. This action was instituted on the 13th of September, 1880, in the Court of Common. Pleas by the appellee against Anton Weiskittle and Anton Weiskittle, Jr., to recover damages for the killing on the 23rd of July, 1880, of an infant child of the equitable plaintiff, Rachel Samuel, a widow. Said killing was alleged to have been the result of the negligence of a servant of the defendants in driving a wagon of such defendants over said fehild. The defendants appeared and pleaded non cul. and issue was joined thereon. On the TRli of February, 1881, the…

1Opinion of the CourtStone, J.

Two questions have been presented in this record for our consideration.

1st. Whether a party in a civil action has, since the amendment made to the. Constitution, by the Act of ISW, chap. 364, the right to remove his case to a different circuit, if he should so elect?

2nd. Whether a removal of the case from the Court of Common Pleas to the Superior Court of Baltimore City, is a removal “to some other Court,” as provided for by sec. 8 of Aft. 4 of the Constitution?

It is enough for the purpose of this decision to say,' that none of the Constitutions that have been in force in this State, ever…

2Cases cited1 opinion

  1. Montel v. Consolidation Coal Co.Court of Appeals of Maryland · 1874

3Cited by18 opinions

  1. Davidson v. MillerCourt of Appeals of Maryland · 1975
  2. Lee v. StateCourt of Appeals of Maryland · 1931
  3. Perkins v. EskridgeCourt of Appeals of Maryland · 1976
  4. Andrews v. Governor of MarylandCourt of Appeals of Maryland · 1982
  5. Aviles v. Eshelman Electric Corp.Court of Appeals of Maryland · 1978

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