State ex rel. Webster v. County Commissioners
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore County. The Act of 1868, ch. 4x1, is constitutional. Constitution of 1851, Art. 7, sec. 8; Constitution of 1864, Art. 3, sec. 32; Constitution of 1867, Art. 3, sec. 33; Code of Pub.
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Appeal from the Circuit Court of Baltimore County. The Act of 1868, ch. 4x1, is constitutional. Constitution of 1851, Art. 7, sec. 8; Constitution of 1864, Art. 3, sec. 32; Constitution of 1867, Art. 3, sec. 33; Code of Pub. Gen. Laws, Art. 1, sec. xr; Smith, on State Construction, secs. 797, 802-3-5-8; Sedgwick on Stat. Con. 32, 33, 34; Pierce v. Kimball, 9 Greenl. 54; 5 Mass. 268. If any of the sections of the Act are inconsistent with the provisions of the Constitution, the whole Act is not thereby destroyed, but remains in force and effect as to its main design. Regents v. Williams, 9 G.…
1Opinion of the Court
*Alvey, J.,
delivered the opinion of the court.
This is an appeal from an order of the Circuit Court for Baltimore County, refusing the writ of mandamus, and dismissing the application therefor.
The application was made to obtain the writ to be directed to the County Commissioners of Baltimore County, directing and commanding them to take the necessary steps to give effect to and put in force the Act of the General Assembly, passed at the January Session, 1868, ch. 411, in relation to the public roads of that County.
To this application the Commissioners filed their answer, and interposed as…
2Cases cited7 opinions
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- Regents of the University of Maryland v. WilliamsCourt of Appeals of Maryland · 1838
- Gale v. MeadNew York Supreme Court · 1846
- State ex rel. Levy Court v. MerrymanCourt of Appeals of Maryland · 1826
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- Berry v. Baltimore & Drum Point RailroadCourt of Appeals of Maryland · 1875
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