Henderson v. Mayor of Baltimore ex rel. Eschbach
Court of Appeals of Maryland
Appear from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant, to recover the amount of a paving tax assessed upon the defendant as his proportion for paving that part of Biddle street between Pennsylvania avenue and George street. Plea, non assumpsit. Exception.
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Appear from the Superior Court of Baltimore city. Assumpsit by the appellees against the appellant, to recover the amount of a paving tax assessed upon the defendant as his proportion for paving that part of Biddle street between Pennsylvania avenue and George street. Plea, non assumpsit. Exception. The proof on the part of the plaintiff shows that on the 4th of May 1848, application was made to the city commissioners for paving the street in question, agreeably to the acts of Assembly and the ordinances of the city authorities, purporting to be signed by a majority of the proprietors of the…
1Opinion of the CourtTuck, J.
We do not think that the ordinances of the city of Baltimore, applicable to the present case, should receive the construction placed upon them by the counsel for the appellee to the full extent of their argument. They virtually confer on property owners, not only the right of having their own lots improved by paving in front of them, but also the power to compel others to submit to such supposed improvements, and *358to pay for the same against their will; and the tax being due immediately on the commissioners making out the lists, payment may be enforced even before any portion of the work is…
2Cases cited1 opinion
- Barry v. HoffmanCourt of Appeals of Maryland · 1854
3Cited by12 opinions
- Dashiell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Hayne v. City & County of San FranciscoCalifornia Supreme Court · 1917
- Bellevue Improvement Co. v. Village of BellevueNebraska Supreme Court · 1894
- Thorn v. West Chicago Park CommissionersIllinois Supreme Court · 1889
- Howard v. First Independent ChurchCourt of Appeals of Maryland · 1862
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