Legal Opinion

Mayor of Baltimore v. Lefferman

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 49 opinions

Appeal from Baltimore county court. This was an action of assumpsit, brought to May term 1844, by the appellee against the appellant; to recover a sum paid, laid out and expended by him, to and for the defendant,- cfcc. The defendants pleaded non assumpsit, and the verdict was for the plaintiff.

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Appeal from Baltimore county court. This was an action of assumpsit, brought to May term 1844, by the appellee against the appellant; to recover a sum paid, laid out and expended by him, to and for the defendant,- cfcc. The defendants pleaded non assumpsit, and the verdict was for the plaintiff. At. the trial of the cause, the plaintiff offered in evidence the following account, to wit: - - For laying 176 perch, 18 ft., a 62| per perch, . $110.45 “ Measuring,......... 2.50 “ 126£ perch, a 75 per perch,..... 94.68 “ 222 perch, 19 ft., a 621- per perch, . 139.23 “ Measuring,.......... 3.25 “…

1Opinion of the CourtMartin, J.

It appears from the record in this case, that the legislature of Maryland, by the first section of an act passed on the 23rd of February 1822, provided :

“That for the more perfect security of the basin and harbor of the city of Baltimore, the corporation thereof shall have power, whenever it may deem the same necessary, to compel individuals, companies, or bodies politic, owning property binding on Jones Falls, within the limits of the city, to wall up such property, so far as the said property may bind on the falls, in such manner as the corporation may by ordinance direct.”

The mayor and…

2Cases cited2 opinions

  1. Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
  2. Colwell v. PedenSupreme Court of Pennsylvania · 1834

3Cited by49 opinions

  1. Brumagim v. TillinghastCalifornia Supreme Court · 1861
  2. George's Creek Coal & Iron Co. v. County CommissionersCourt of Appeals of Maryland · 1883
  3. State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
  4. Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
  5. Washington Suburban Sanitary Commission v. C.I. Mitchell & Best Co.Court of Appeals of Maryland · 1985

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