Legal Opinion

Wade v. Saint Mary's Industrial School

Court of Appeals of Maryland

Decided June 23, 1875PublishedCited by 26 opinions

Appeal from the Circuit Court for Baltimore County, in Equity. The case is stated iu the opinion of the Court. The Court below only passed upon one of the many .points argued before it, and decided that section 16 of tbe Act of 1870, cb. 309, was unconstitutional, because it did not make any provision for tbe swearing of the jury of condemnation ; and while providing that each party should strike four from the list of those summoned as jurors, so that the number be reduced…

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Appeal from the Circuit Court for Baltimore County, in Equity. The case is stated iu the opinion of the Court. The Court below only passed upon one of the many .points argued before it, and decided that section 16 of tbe Act of 1870, cb. 309, was unconstitutional, because it did not make any provision for tbe swearing of the jury of condemnation ; and while providing that each party should strike four from the list of those summoned as jurors, so that the number be reduced to twelve, it did not authorize any person, in the event of each .party striking’ the same four, to strike from the list…

1Opinion of the CourtBrent, J.

This appeal is from a decision of the Circuit Court for Baltimore County making perpetual a preliminary injunction, which had been granted at the filing of the bill, to restrain the appellants from proceeding to construct a road, designated as Wilkins’ Avenue, through the lands of the appellee.

The proceedings to construct and ojien this avenue as a public highway had been commenced and were being carried on under the provisions of the Act of 1870, ch. 309, a public local law relating to roads in Baltimore 'County. Section 16 of that law requires the County Commissioners, when objections are…

2Cases cited3 opinions

  1. Keller v. StateCourt of Appeals of Maryland · 1858
  2. State ex rel. Mayor of Baltimore v. NorwoodCourt of Appeals of Maryland · 1858
  3. Resler v. SheheeSupreme Court of the United States · 1801

3Cited by26 opinions

  1. Unnamed Physician v. Commission on Medical DisciplineCourt of Appeals of Maryland · 1979
  2. Vance v. RankinIllinois Supreme Court · 1902
  3. Dashiell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
  4. Steinwedel v. HilbertCourt of Appeals of Maryland · 1925
  5. Adams v. County CommissionersCourt of Appeals of Maryland · 1942

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