Legal Opinion

Mayor of Baltimore v. Proprietors of Green Mount Cemetery

Court of Appeals of Maryland

Decided June 15, 1855PublishedCited by 51 opinions

Appeal from the Superior Court of Baltimore city, Assumpsit by the appellant against the appellees, for the recovery of a paving tax imposed by the corporate authorities of Baltimore, upon the appellees, as owners of land fronting on a part of York avenue, in the city of Baltimore. Plea non assumpsit.

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Appeal from the Superior Court of Baltimore city, Assumpsit by the appellant against the appellees, for the recovery of a paving tax imposed by the corporate authorities of Baltimore, upon the appellees, as owners of land fronting on a part of York avenue, in the city of Baltimore. Plea non assumpsit. The case was submitted to the court, below, (Frick, J.,) upon a case stated, which is sufficiently set out in the opinion of this court, and a pro forma judgment rendered in favor of the defendants, from which the plaintiff appealed.

1Opinion of the Court

Le Grand, G. J.,

delivered the opinion of this .court.

This case comes before us on an appeal from a pro forma judgment, rendered by the Superior Court of Baltimore city on a case stated. The statement of the facts may be thus abbreviated; By the act of 1837, ch. 164, the appellees were incorporated. As a corporation they are seized and possessed, for the purposes mentioned in the charter, of a quantity of land whose western boundary is the York avenue, within the limits of the city of Baltimore. In the year 1851, an application was made .by the proprietors of a majority of the feet of ground…

2Cases cited4 opinions

  1. Bleecker v. BallouNew York Supreme Court · 1829
  2. Alexander v. Mayor of BaltimoreCourt of Appeals of Maryland · 1847
  3. Eschbach v. PittsCourt of Appeals of Maryland · 1854
  4. Dolan v. Mayor of BaltimoreCourt of Appeals of Maryland · 1846

3Cited by51 opinions

  1. Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
  2. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  3. Higgins v. BordagesTexas Supreme Court · 1895
  4. Emery v. San Francisco Gas Co.California Supreme Court · 1865
  5. City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874

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