Schneider v. Pullen

1 Citing case

  1. Doe v. Comdr., Wheaton Police Dep't

    273 Md. 262 (Md. 1974)   Cited 25 times
    Finding that "we have also observed that the exercise of power by a court of equity in matters involving constitutional questions is not favored where statutory remedies exist which permit the raising of such questions."

    It is clear that a court of equity has jurisdiction over issues involving the maintenance of civil rights, Adams v. Commissioners of Town of Trappe, 204 Md. 165, 102 A.2d 830 (1954), and at least in some matters involving consideration of personal rights, e.g., rights protected by the federal or state constitutions. In Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226, 228 (1951), we flatly held "that where constitutional questions are involved, the litigant has the right to raise them in a court of equity, and such court has the right to consider them." To the same effect, see Poe v. Baltimore City, 241 Md. 303, 216 A.2d 707 (1966); Maryland Committee for Fair Representation v. Tawes, 228 Md. 412, 180 A.2d 656 (1962); Kracke v. Weinberg, 197 Md. 339, 79 A.2d 387 (1951).