Webster v. Cockey
Court of Appeals of Maryland
Appeal from Baltimore county court. Upon the petition of the appellees, the commissioners of Baltimore county, acting under the act of 1825, ch. 219, appointed special commissioners, to adjudge and determine whether a certain road in said county, leading from “Hunter's mill to the York turnpike near Webster's mill,” should not be shut, and to report their proceedings.
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Appeal from Baltimore county court. Upon the petition of the appellees, the commissioners of Baltimore county, acting under the act of 1825, ch. 219, appointed special commissioners, to adjudge and determine whether a certain road in said county, leading from “Hunter's mill to the York turnpike near Webster's mill,” should not be shut, and to report their proceedings. These commissioners thus appointed made return, that in their opinion public convenience required that said road should be shut. The appellants thereupon filed objections which the county commissioners sustained, and rejected…
1Opinion of the CourtDorsey, C. J.
The jurisdiction conferred by the General Assembly of Maryland, on the commissioners of Baltimore county, in regard to the opening and shutting up of public roads is a special limited jurisdiction; and from their decisions upon the subject, no appeal will lie to the county court unless provided for by legislative enactment. If such right of appeal from the proceedings of the commissioners he given by the legislature to the county court, its judgments thereon cannot be reviewed on appeal to this court, unless the latter right of appeal be in like manner given. But if no such right of appeal be…
2Cases cited2 opinions
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