Hooper v. Creager
Court of Appeals of Maryland
Appeal from an order of the Superior Court of Baltimore directing that a peremptory writ of mandamus issue commanding the Honorable Alcaeus Hooper, Mayor of the city of Baltimore, to administer to Noble H. Creager, as City Collector, the oath of office prescribed by ordinance for municipal officers, and that the petitioner recover his costs from the respondent.
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Appeal from an order of the Superior Court of Baltimore directing that a peremptory writ of mandamus issue commanding the Honorable Alcaeus Hooper, Mayor of the city of Baltimore, to administer to Noble H. Creager, as City Collector, the oath of office prescribed by ordinance for municipal officers, and that the petitioner recover his costs from the respondent. The first appeal in this case is reported in 83 Md. 490. The trial Court (Ritchie, J.), instructed the jury to find a verdict for the petitioner, Creager, and delivered the following opinion : When this case was before the Court on the…
1Opinion of the CourtMcSherry, C. J.
It is not necessary to go into any extended statement of the facts presented by this record, nor to discuss the many interesting and ably argued questions which its pages set forth. With all, except one, of the positions, taken by the eminent and distinguished Judge who heard this case in the Court below, we, in the main, agree, though we are not to be understood as adopting them ; but upon one vital inquiry which was probably not strenuously pressed before him, we reach a different conclusion. With the policy of the municipal legislation whose validity is assailed in these proceedings this…
2Cases cited8 opinions
- Brown v. O'ConnellSupreme Court of Connecticut · 1870
- State v. MottCourt of Appeals of Maryland · 1884
- Whitman v. StateCourt of Appeals of Maryland · 1895
- Maurice v. WordenCourt of Appeals of Maryland · 1879
- Johnson v. HealdCourt of Appeals of Maryland · 1870
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3Cited by13 opinions
- Price v. HitafferCourt of Appeals of Maryland · 1933
- Phillips v. Mayor of BaltimoreCourt of Appeals of Maryland · 1909
- Upshur v. Baltimore CityCourt of Appeals of Maryland · 1902
- Buckey v. WhiteCourt of Appeals of Maryland · 1920
- Diamond Match Co. v. State Tax CommissionCourt of Appeals of Maryland · 1938
8 more not listed; retrieve them via the Exa API.