Legal Opinion

Miles v. Bradford

Court of Appeals of Maryland

Decided October 29, 1864PublishedCited by 20 opinions

Appeal from the Equity side of the Superior Court of Baltimore City: This appeal was taken from an order of the Superior Court of Baltimore City, dismissing a petition of the present appellant, asking that a rule be laid on the Governor to show cause why a writ of mandamus should not be issued against him, commanding him, as set forth in the prayer of the petition, the substance of which is stated in the opinion of this Court.

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Appeal from the Equity side of the Superior Court of Baltimore City: This appeal was taken from an order of the Superior Court of Baltimore City, dismissing a petition of the present appellant, asking that a rule be laid on the Governor to show cause why a writ of mandamus should not be issued against him, commanding him, as set forth in the prayer of the petition, the substance of which is stated in the opinion of this Court. The object of the proceedings as stated in the petition, was “to obtain an exposition of the rule of law which ought to guide the discretion of the Governor in his…

1Opinion of the CourtBowie, C. J.

The peculiar circumstances surroundingt his case re-. quiring it should be promptly decided, we have only time to announce the conclusions arrived at, and refer to a few of the leading authorities on which they are based: The case has been argued with an admirable spirit of courtesy and moderation, and much eloquence and learning.

The brief of the relator’s counsel states: — “The object of the proceedings is to obtain an exposition of the rule of law which ought to guide the discretion of the Governor in his ascertainment of the result of the late election had for the adoption or rejection of…

2Cases cited4 opinions

  1. Luther v. BordenSupreme Court of the United States · 1849
  2. State ex rel. Low v. TownsSupreme Court of Georgia · 1850
  3. Green v. PurnellCourt of Appeals of Maryland · 1858
  4. Poe v. MoungerU.S. Circuit Court for the District of District of Columbia · 1803

3Cited by20 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. Schisler v. StateCourt of Appeals of Maryland · 2006
  3. Hamilton, Superintendent v. VerdowCourt of Appeals of Maryland · 1980
  4. McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
  5. State ex rel. McClurg v. PowellMississippi Supreme Court · 1900

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