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BARNES v. MELESKI

[No. 12, October Term, 1956.]

211 Md. 182 (1956)

126 A.2d 599

BARNES v. MELESKI, EXECUTOR

Court of Appeals of Maryland.

Decided November 8, 1956.

Attorney(s) appearing for the Case

Submitted on brief by George B. Woelfel for the appellant.

No brief and no appearance for the appellee.

Before BRUNE, C.J., and COLLINS, HENDERSON and HAMMOND, JJ., and HENDERSON, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.

Order reversed, and case remanded, with costs.

HENDERSON, J.,1 by special assignment, delivered the opinion of the Court.

This appeal is based on the alleged unconstitutionality of Section 118 of Article 75 of the Maryland Code (1951) which requires the party suggesting the removal of a case to another county to pay the costs to the clerk before the record is transmitted to the other county.

The appellant (Barnes...

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