Legal Opinion

Wright v. Hamner

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 15 opinions

Appeal from the Superior Court of Baltimore city. Issues were sent from the orphans court to the Superior court of Baltimore city during its September term, 1852, to-try the validity of the will of Edward Wright, deceased. The cause was tried at May term, 1853, and the jury having failed to agree it was continued until May term, 1854, and the 12lh day of June in that term fixed for its trial.

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Appeal from the Superior Court of Baltimore city. Issues were sent from the orphans court to the Superior court of Baltimore city during its September term, 1852, to-try the validity of the will of Edward Wright, deceased. The cause was tried at May term, 1853, and the jury having failed to agree it was continued until May term, 1854, and the 12lh day of June in that term fixed for its trial. On the 7th of June of that year, the appellee, under the act of 1854, ch. 325, filed his affidavit and suggestion for a removal, and the court thereupon ordered the cause to be removed to the circuit…

1Opinion of the CourtMason, J.

The present appeal involves the question of the legality of the removal of this cause from the Superior court of Baltimore city, to the circuit court of Baltimore county.

The removal was ordered under the act of 1854, chap. 325.

In the consideration of this appeal, three questions arise: First, is the act of 1854 constitutional? Secondly, if constitutional, does it embrace within its operation the courts of the city of Baltimore? And, Thirdly, if the first two propositions be correct, is Baltimore county an adjoining county to Baltimore city ?

We think the first point has been settled by the…

2Cases cited3 opinions

  1. Jerry v. TownshendCourt of Appeals of Maryland · 1852
  2. State v. DashiellCourt of Appeals of Maryland · 1824
  3. Townshend v. TownshendCourt of Appeals of Maryland · 1851

3Cited by15 opinions

  1. Parrott v. StateCourt of Appeals of Maryland · 1984
  2. Perkins v. EskridgeCourt of Appeals of Maryland · 1976
  3. Cooke v. CookeCourt of Appeals of Maryland · 1875
  4. Pearlman v. StateCourt of Appeals of Maryland · 1961
  5. Houston v. LLOYD'S CONSUMER ACCEPTANCE CORPORATIONCourt of Appeals of Maryland · 1965

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