Legal Opinion

O'Brian v. County Commissioners of Baltimore

Court of Appeals of Maryland

Decided March 6, 1879PublishedCited by 17 opinions

Appeal from the Baltimore City Court. Tn this case, removed from the Circuit Court for Baltimore County, on the suggestion and affidavit of the plaintiffs, in addition to the statement thereof contained in the opinion of the Court, the following is inserted as the contract therein referred to: This agreement, made this 21st day of September, A. D. 1875, between D. J. McCauley, Edward Rider and Benjamin E. Jordan, County Commissioners of Baltimore County, and P. O’Brian &…

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Appeal from the Baltimore City Court. Tn this case, removed from the Circuit Court for Baltimore County, on the suggestion and affidavit of the plaintiffs, in addition to the statement thereof contained in the opinion of the Court, the following is inserted as the contract therein referred to: This agreement, made this 21st day of September, A. D. 1875, between D. J. McCauley, Edward Rider and Benjamin E. Jordan, County Commissioners of Baltimore County, and P. O’Brian & Co., contractors for building Wilkens’ avenue: Whereas, the Court of Appeals of Maryland in a late decision in the case of…

1Opinion of the CourtBartol, C. J.

This suit was instituted by the appellants to recover the sum of $3002.13 for work done on “Wilkens’ avenue,” under a contract made with the appellees on the 21st day of September, 1815.

The plaintiffs, after proving the contract, (p. 11, ante) their employment under it, and that they did the work in accordance therewith, and the value and amount thereof; produced the Act of 1816, ch. 101, for the purpose of showing that “Wilkens’ avenue” was a public road of Baltimore County; but the defendants objected to the introduction of the Act; “first, because the same was unconstitutional ; and…

2Cases cited8 opinions

  1. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  2. Grinder v. NelsonCourt of Appeals of Maryland · 1850
  3. Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
  4. Mayor of Baltimore v. ReitzCourt of Appeals of Maryland · 1879
  5. People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866

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3Cited by17 opinions

  1. Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
  2. Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
  3. Norris v. Mayor of BaltimoreCourt of Appeals of Maryland · 1937
  4. Leonardo v. Board of County CommissionersCourt of Appeals of Maryland · 1957
  5. American Structures, Inc. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1976

12 more not listed; retrieve them via the Exa API.

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