Mayor of Mount Airy v. Sappington

Marbury, C. J.,

filed the following dissenting opinion in which Collins, J., concurred.

The question whether an ordinance prohibiting a slaughter-house anywhere in Mount Airy (or in any other similar community) is ultra vires of the municipality has never been before this Court, and has not been answered by it, either in the affirmative or in the negative, “for more than eighty years” or for any other period of time.

The Maryland cases from Glenn v. Mayor, etc., Baltimore, 1833, 5 Gill & J. 424, to Mayor and Councilman of Frostburg v. Sleeman, 1945, 185 Md. 393, 45 A. 2d 113, were not concerned…