County Commissioners v. County Commissioners
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot County. This was an application by the County Commissioners of Queen Anne’s County for a writ of mandamus against the County Commissioners of Talbot County to compel them to comply with the provisions of the Act of 1876, ch. 314, for the construction and maintenance of a drawbridge over the channel of Kent Narrows, a body of water within the limits of Queen Anne’s County.
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Appeal from the Circuit Court for Talbot County. This was an application by the County Commissioners of Queen Anne’s County for a writ of mandamus against the County Commissioners of Talbot County to compel them to comply with the provisions of the Act of 1876, ch. 314, for the construction and maintenance of a drawbridge over the channel of Kent Narrows, a body of water within the limits of Queen Anne’s County. The County Commissioners of Talbot County, in their answer to the petition of the County Commissioners of Queen Anne’s County, assigned as reasons why the writ' should not be issued,…
1Opinion of the CourtAlvey, J.
Whether the Acts of 1874, ch. 276, and 1876, ch. 314, are obnoxious to the objection taken to them, that their titles are insufficient to gratify the requirement of Art. 3, sec. 29, of the Constitution of the State, is a question supposed, by a majority of the Court, to be settled in the negative by the recent case of The County Commissioners of Dorchester County vs. Meekins, ante p. 28.
But in the opinion entertained by the majority I do not concur. In my judgment, both the Act of 1874 and of 1876 are fatally deficient in their titles, and for that reason the Acts should be declared nugatory.…
2Cases cited7 opinions
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- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
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- Thomas v. LelandNew York Supreme Court · 1840
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3Cited by38 opinions
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- Baltimore & Ohio Railroad v. PlewsCourt of Appeals of Maryland · 1971
- Cox v. Board of County CommissionersCourt of Appeals of Maryland · 1943
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