Thomas C. Chappell, for plaintiff in error.
James M. Ambler and Randolph Barton, for defendant in error.
Mr. Justice McKENNA delivered the opinion of the court.
This is a writ of error to the court of appeals of the state of Maryland to review a judgment made by it, and which is hereafter set out.
The action was at law for the recovery of $8,000 for money payable, goods sold, and work done, and materials furnished by defendant in error ( plaintiff in the court below) to plaintiff in error (defendant in the court below), and was brought in one of the city courts of Baltimore, [172 U.S. 472, 473] Md. To the declaration a plea was filed February 12, 1895, averring that the defendant was never indebted and never promised as alleged. On January 13, 1896, under the Maryland practice, upon the suggestion of the defendant (plaintiff in error) that it could not have a fair trial, the case was 'transmitted' to the supreme court of Baltimore, Md.
The record contains a number of motions and exceptions to the rulings on the motions. One of these exceptions was that the ruling of the court deprived plaintiff in error of a jury trial under a law of Maryland and the rules of court made in accordance therewith, which law and rules plaintiff in error alleges are repugnant to the constitution of the United States. Another objection was to an order mad on the 6th of February, 1896, requiring plaintiff in error to employ new counsel; the cause, under the practice of the court, having been peremptorily set for trial on the 20th of February, 1896, after having been twice postponed for the alleged sickness of counsel.
An appeal was entered from this order and perfected. The court of appeals dismissed it December 3, 1896, saying:
No federal question was disposed of by this decision.
Writ of error dismissed.