Booze v. Humbird
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. This was an application by the appellant for a mandamus, to compel the appellee to surrender' to him the office of Mayor of the City of Cumberland. The appellant claimed that none hut registered voters had a right to vote at the municipal election, and that he had received a majority of such votes.
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Appeal from the Circuit Court for Allegany County. This was an application by the appellant for a mandamus, to compel the appellee to surrender' to him the office of Mayor of the City of Cumberland. The appellant claimed that none hut registered voters had a right to vote at the municipal election, and that he had received a majority of such votes. The appellee denied that the appellant had received such majority, and that the registry law, being the Act of 1865, ch. 174, applied to said election; and claimed that he himself had received a majority of the legal votes. The appellant demurred…
1Opinion of the CourtBowie, C. J.
The appellant, on the 17th of July, 1866, filed his petition in the Circuit .Court for Alleghany county, for a writ of mandamus, directed to the appellee, commanding him to surrender to the appellant the office of Mayor of the City of Cumberland, and to yield up to him its emoluments, etc. The appellee appeared and filed his answer, showing cause why the mandamus should not be issued as prayed. The petitioner traversed some of the averments of the answer, and to others he demurred. The demurrer being overruled, judgment was entered for the respondent on the demurrer, to have the same effect *4as…
2Cases cited1 opinion
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
3Cited by22 opinions
- George's Creek Coal & Iron Co. v. County CommissionersCourt of Appeals of Maryland · 1883
- Applestein v. Mayor of BaltimoreCourt of Appeals of Maryland · 1928
- Almour v. Pace, Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1951
- Upshur v. Baltimore CityCourt of Appeals of Maryland · 1902
- Ipes v. Board of Fire CommissionersCourt of Appeals of Maryland · 1961
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