77 Md. 605 | Md. | 1893
delivered the opinion of the Court.
The appellee sued the appellant in the Superior Court of Baltimore City, and the case being ready for trial, it was, as appears by the docket entries, on the “2nd April, 1892, submitted by agreement of counsel to the Court for determination without the intervention of a jury.” The trial proceeded before the late Judge Stewart, one of the Judges of the Supreme Bench of Baltimore City, who was then sitting in the Superior Court, and the case was fully argued by counsel representing both parties. Judge Stewart died in August, 1892, no decision of the case having been rendered by him. Subsequently the papers were returned to the Superior Court by Judge Stewart’s legal representatives. On the 21st January, 1893, the plaintiff moved “to strike out the submission of the case to the Court without the intervention of a jury, because the late Judge Stewart, before whom the case was tried, died before its determination, and that the case be set down for trial at an early day in the usual way before Court and jury.” This motion was heard and an order was passed striking out the agreement to try the case without the aid of a jury. From this order the defendant has apjsealed.
The Constitution of Maryland, Article 4, section 8, provides that “the parties to any cause may submit the same to the Court for determination without the aid of a jury.” It is apparent, therefore, that under this familiar provision of our Constitution a jury may be dispensed with by agreement of the parties in civil cases, and the only question before us is whether this agreement is binding upon both parties to it, and, if so, how long. We say civil cases, because the question as to what effect such an agreement would have in a criminal proceeding is not now before us.
We believe the universal practice of the State is in accord with this construction, for it has never been suggested that either party in a civil case can, without the consent of the other, avoid a jury trial. And in the case at bar it appears by the docket entries that the jury was dispensed with by agreement. As said by the late Justice Miller, in Wheeler vs. New Brunswick, (See., R. R. Co., 115 U. S., 34: To annul or set aside this contract fairly made, requires the consent of both parties to it, as it did to make it.” But is the agreement a valid one? It is urged that there is no consideration to support it. We think, however, the consideration is ample. Each party promised or agreed with the other that he would relinquish his constitutional right to a jury trial, and the forbearance to exercise a legal right has always been held to be a sufficient consideration to support a contract. One of the most frequent illustrations of this kind of consideration being a forbearance to sue.
Some question was made as to how long the agreement would be binding. In regard to this question we think there ought to be no difficulty. The object of the agreement evidently is to have the Court determine or decide the case submitted, and until that result has been reached, or something happens which renders such a result impossible, the agreement should be continued in full force. Thus in Farmers’ Bank of Maryland vs. Sprigg, 11 Md., 396, it is held to be well settled that agreements made in a cause at the first trial are valid in a second trial upon procedendo. And in Woodruff and Robinson vs. Munroe, 33 Md., 157, the same view is expressed, and the Court adds: “The terms (of the contract) are general and contain nothing from which it could be inferred that it was the intention of the parties to limit its operation to the first trial.”
What we have said refers exclusively to civil cases. The .waiver of right to jury trial in criminal proceedings would present other and different questions, with which we are not now concerned.
Order reversed, with costs to appellant.
Order reversed, and cause remanded.