delivered the opinion of the Court.
An аction for assault and battery was instituted by the appеllee against the appellants, in the Circuit Court for Bаltimore County, on the 22nd day of January 1880. The narr. was filed on the sаme day, and the defendants were returned “ summoned.” On the 8th dаy of March ensuing, the defendant Desche appeared by counsel, and on the following day the personal appearance of the defendant Benlein was entered. A rule plea was entered, and thе case was for trial at September Term 1880, which began September 13th. On which day, the defendants by their counsel, filed a plea, “ that they did not commit the wrong alleged.”
On the 24th day of September, issue was joined, and the casе was tried before the Court, same day verdict for plaintiff, damages $2500, and judgment for plaintiff for $2500, assessed by the Court, with interest from date of judgment, and costs.
On the day after the judgment was rendered, a motion was made by thе defendants to strike out the judgment, and in support of the mоtion, several causes were assigned ; among them wаs that a suggestion for removal, with affidavit, had been filed on the 21st day of September 1880.
The objection to the suggestion which the Circuit Court considered fatal, was that it did not сonform to .the requirement of the Constitution, (Art. 4, sec. 8, and the Act оf 1874, ch. 364,) in this, that instead of suggesting that “the parties cannot have a fair and impartial trial,” &c., it stated that the “ parties believe they cannot have a fair and impartial trial,” &c.
We consider it unnecessary to decide whether this was a valid objection tо the suggestion, or whether the same was sufficient in form; because it appears to us there is, apart from this question, a fatal objection to the judgment rendered by the Circuit Court.
It does not appear from the recоrd that there was any consent or agreement by the рarties to submit the cause to the Court for determinatiоn without a jury, as authorized by sec. 8, Art. 4 of the Constitution.
Without such consent or agreеment, it was not competent for the Court to proсeed to the trial of the case, and to render judgmеnt therein.
For this reason, the motion to strike out the judgment оught to have been granted ; its judgment in overruling the motion will therеfore be reversed, and the cause will be remanded, to the end that the judgment rendered on the 24th day of Seрtember 1880, may be stricken out, and the parties have an opportunity to try the cause. In
Judgment reversed, and cause remanded.