Downs v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore Oitv (Niles, L). At common law there could be no restitution of stolen goods, nor could their value be recovered out of the property of the thief, because larceny being a public wrong and felony, the remedy was at the suit of the King only and the private injury was merged in the crime.
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Appeal from the Superior Court of Baltimore Oitv (Niles, L). At common law there could be no restitution of stolen goods, nor could their value be recovered out of the property of the thief, because larceny being a public wrong and felony, the remedy was at the suit of the King only and the private injury was merged in the crime. Therefore the remedial statute of 21 Henry VIII, ch. 2, was passed, whereby the prosecuting witness was given restitution either of the goods stolen or their value out of the property of the thief, after conviction; the law providing that, if any person be convicted…
1Opinion of the Court
Peabce, J\,
delivered the opinion of the Court,
This appeal is from a judgment of the Superior Oourt of Baltimore City overruling a motion to quash an attachment on original process, instituted by the Mayor and City Council of Baltimore against William F. Downs. The affidavit alleges that said William E. Downs is bona fide indebted unto the said Mayor and City Council in the sum of $24,680, over and above all discounts, and that the said Mayor and City Council has good reason to believe:
1st. That said Downs has assigned, disposed of, or concealed, or is about to assign, dispose of or conceal,…
2Cases cited9 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Wilson v. WilsonCourt of Appeals of Maryland · 1849
- Moneyweight Scale Co. v. McCormickCourt of Appeals of Maryland · 1909
- Greenbaum Bros. & Co. v. MegibbenCourt of Appeals of Kentucky · 1874
- Franklin v. ClaflinCourt of Appeals of Maryland · 1878
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3Cited by16 opinions
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- Plitt v. GreenbergCourt of Appeals of Maryland · 1966
- Cole v. Randall Park Holding Co.Court of Appeals of Maryland · 1988
- Hallidie v. EngingerCalifornia Supreme Court · 1917
- Rasin v. StateCourt of Appeals of Maryland · 1927
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