Queen v. Neale

Decided December 15, 1810

Court of Appeals of Maryland · decided 1810-12-15

Appeal frojn Charles County Court. This was a petition for freedom; and under the act of 1804, ch. 55, s. 2, the petitioner, (now appellant,) exhibited her affidavit, stating that she believed she could not have a fair and impartial trial in that court, and by her counsel moved the court co direct that the pecord and proceedings should be removed as directed by the above mentioned act; but the court, [Clarke, A. J.] overruled the motion. The petitioner excepted.

Cited by 2 later decisions (1 by the Supreme Court) — most recently March 1930

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1810-12-15

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Nicholson, J,

¶1delivered the opinion of the court. A petition for freedom is comprehended within the general terms of suits or actions in the second section of the act of 1804, ch. 55, and the county court, in which the suit is instituted, are bound to transmit the proceedings to the judges of any county court within the district, upon the affidavit of either of the parties competent to jnake an affidavit, or upon such other proper and competent evidence as may be offered in support of the suggestion that an impartial trial cannot be had in the county in which the petition for freedom is depending.

¶2A negro, petitioning for his freedom, is not competent to make such an affidavit — his slavery or freedom being then sub judicc, and if a slave, he is excluded by the act of 1717, ch. 18.

¶3judgment affirmed.