State v. Baltimore & Ohio Rail Road
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of Debt, instituted by the appellants on the 1st February, 1841, in the debet and detinet, for the sum of one million of dollars. The plaintiffs claimed to recover the sum declared for, under the 5th section of the act of 1835, chap. 395, passed on the 4th June, 1836, entitled, “an act for the promotion of Internal Improvement.”
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Appeal from Frederick county court. This was an action of Debt, instituted by the appellants on the 1st February, 1841, in the debet and detinet, for the sum of one million of dollars. The plaintiffs claimed to recover the sum declared for, under the 5th section of the act of 1835, chap. 395, passed on the 4th June, 1836, entitled, “an act for the promotion of Internal Improvement.” The 1st section of which enacted : “That if the Chesapeake and Ohio Canal Company and the Baltimore and Ohio Bail Road Company, in general meeting of said corporations, respectively assembled, shall approve,…
1Opinion of the CourtStephen, J.
This is an action of debt, instituted in the name of the State of Maryland, for the use of Washington county, to recover the sum of one million of dollars, claimed by the county from the Baltimore and Ohio Rail Road Company, for an alleged violation of contract contained in one of the provisions of its charter.
In bar of any recovery in this suit, the appellee has pleaded, that nothing is due to the county; and also, the act of Assembly annulling the obligation and releasing the forfeiture, in virtue of which the said sum of money is alleged to be due.
The controversy between the parties is one…
2Cases cited1 opinion
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
3Cited by24 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Keller v. StateCourt of Appeals of Maryland · 1858
- Harrison v. State ex rel. HarrisonCourt of Appeals of Maryland · 1864
- Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- State v. Board of EducationCourt of Appeals of Maryland · 1997
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