Bradshaw v. Lankford
Court of Appeals of Maryland
Appeal from the Circuit Court for Somerset County. This was an application for a mandamus to compel the appellee, as clerk of the Circuit Court for Somerset County, to issue a license to the appellant, to take or catch oysters, with scoop or dredge, in any of the waters of said county.
Read the full summary
Appeal from the Circuit Court for Somerset County. This was an application for a mandamus to compel the appellee, as clerk of the Circuit Court for Somerset County, to issue a license to the appellant, to take or catch oysters, with scoop or dredge, in any of the waters of said county. The license was refused by the clerk for the reason that by the Act of 1890, ch. 629, the duty of issuing the license, demanded by the petitioner, no longer devolved- on the respondent, and it was not his duty to issue the same. The Court (Goldsborough and Holland, J.) passed an order dismissing the- petition,…
1Opinion of the CourtRobinson, J.
By the Act of 1890, chapter 629,-the question whether or not the taking of oysters by scoop or dredge, within the waters of Somerset County, shall be prohibited, was submitted to the voters of certain election districts of said county; and, should a majority of the votes cast be in favor of the prohibition, the Act provided it should be unlawful for any person to take oysters by scoop or dredge within the waters of said county.
The question before us is whether this statute is a valid exercise of legislative power; or, in other words, whether the Legislature had the power to submit such a…
2Cases cited4 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Fell v. StateCourt of Appeals of Maryland · 1875
- Hammond v. HainesCourt of Appeals of Maryland · 1866
- Cecil Bank v. HealdCourt of Appeals of Maryland · 1866
3Cited by46 opinions
- Bourgeois v. Live Nation Entertainment, Inc.District Court, D. Maryland · 2014
- Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
- Dasch v. JacksonCourt of Appeals of Maryland · 1936
- Board of Trustees of the Employees' Retirement System v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1989
- Bruce v. Dir., Chesapeake Bay Aff.Court of Appeals of Maryland · 1971
41 more not listed; retrieve them via the Exa API.