Legal Opinion

Mayor of Hagerstown v. Dechert

Court of Appeals of Maryland

Decided March 12, 1870PublishedCited by 37 opinions

Appeal from the Circuit Court for Washington County. This suit was brought in the Circuit Court for Washington county, to recover damages for the destruction of the appellee’s printing office by a mob, on the night of the 24th of May, 1862. To the plaintiff’s declaration the defendant pleaded the five following pleas: 1st. That it is not' guilty of the wrongs alleged in the plaintiff’s declaration. 2d.

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Appeal from the Circuit Court for Washington County. This suit was brought in the Circuit Court for Washington county, to recover damages for the destruction of the appellee’s printing office by a mob, on the night of the 24th of May, 1862. To the plaintiff’s declaration the defendant pleaded the five following pleas: 1st. That it is not' guilty of the wrongs alleged in the plaintiff’s declaration. 2d. That at the time of the alleged wrongs, as stated in the said declaration, this defendant did not have and enjoy power and authority (under the Acts of the General Assembly of the State of…

1Opinion of the CourtBartol, C. J.

This action was instituted against the appellant, to recover damages for the destruction of the appellee’s property, situated within the limits of Hagerstown, by a tumultuous assemblage, on the 24th day of May, 1862.

The decision of the case depends mainly upon the construction of the 82d Article of the Code, and involves also the question of the powers conferred on the Mayor and City Council by the charter.

The Code provides, in the first section, if property in any incorporated town be destroyed by a riotous assemblage, “ the full amount of damage so done shall be recoverable by the sufferer,…

2Cases cited1 opinion

  1. Davis v. StateCourt of Appeals of Maryland · 1854

3Cited by37 opinions

  1. Department of Natural Resources v. Linchester Sand & Gravel Corp.Court of Appeals of Maryland · 1975
  2. Blessing v. City of GalvestonTexas Supreme Court · 1874
  3. The People v. GouldIllinois Supreme Court · 1931
  4. Sugarloaf Citizens' Ass'n v. Department of EnvironmentCourt of Appeals of Maryland · 1996
  5. Matter of AndersonCourt of Appeals of Maryland · 1974

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