Cantwell v. Owens
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. This was an application made, on the 22nd of July 1858,-by the appellant, for a rule upon the appellee to show cause' why a mandamus should not issue, commanding him to deliver up to the appellant, the office of justice of the peace foL the third election district of Cecil count}7, and the docket and papers of William Hanes, deceased,- the former justice for said-district.
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Appeal from the Circuit Court for Cecil County. This was an application made, on the 22nd of July 1858,-by the appellant, for a rule upon the appellee to show cause' why a mandamus should not issue, commanding him to deliver up to the appellant, the office of justice of the peace foL the third election district of Cecil count}7, and the docket and papers of William Hanes, deceased,- the former justice for said-district. The rule was laid, and the appellee having shown cause,» an agreed statement of facts was filed, upon which the case" was submitted to the court below. The facts thus agreed…
1Opinion of the CourtTuck, J.
This case comes before us upon an agreement of facts, to determine which of the parties can rightfully exercise the functions of Justice of the Peace in one of the districts of Cecil county.
If the solution of the question depended on the 19th sec. of the 4th Art. of the Constitution, there would be no room for doubt. It is expressly declared that, “in the event of a vacancy in the office of Justice of the Peace the Governor shall appoint a person to serve until the next regular election of said officers.” But it is said that this clause must be construed in connection with the 12th and 15th…
2Cited by9 opinions
- Buchholtz v. HillCourt of Appeals of Maryland · 1940
- Magruder v. SwannCourt of Appeals of Maryland · 1866
- Cory v. CarterIndiana Supreme Court · 1874
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Johnson v. DukeCourt of Appeals of Maryland · 1942
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