Legal Opinion

Smoot v. Somerville

Court of Appeals of Maryland

Decided July 13, 1882PublishedCited by 23 opinions

Appeal from the Baltimore City Court. This was an application by the appellant for a mandamus to require the appellee to deliver to the petitioner possession of the office of Inspector of tobacco for Warehouse number two in the City of Baltimore, together with the said warehouse, and all the tobacco, hooks, furniture and appurtenances of every kind whatever, pertaining to the same.

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Appeal from the Baltimore City Court. This was an application by the appellant for a mandamus to require the appellee to deliver to the petitioner possession of the office of Inspector of tobacco for Warehouse number two in the City of Baltimore, together with the said warehouse, and all the tobacco, hooks, furniture and appurtenances of every kind whatever, pertaining to the same. The commission under which the -appellant claimed was the following: The State oe Maryland, To Dr. Andrew Jackson Smoot, of Charles County, Esquire, greeting: Be it known, that reposing especial trust and…

1Opinion of the CourtGrason, J.

The determination of the questions, presented on this appeal, depends upon the construction of the eleventh, thirteenth and fourteenth sections of the second Article of the Constitution of this State. The thirteenth section provides that “ All civil officers appointed by the Governor and Senate, shall he nominated to the Senate within fifty *87days from the commencement of each regular session of the Legislature; and their term of office, except in cases otherwise provided for in this Constitution, shall commence on the first Monday of May next ensuing their appointment, and continue for two…

2Cases cited7 opinions

  1. American Insurance v. OakleyNew York Court of Chancery · 1842
  2. State ex rel. Tredway v. LuskSupreme Court of Missouri · 1853
  3. Brady v. HoweMississippi Supreme Court · 1874
  4. Watkins v. WatkinsCourt of Appeals of Maryland · 1852
  5. Commonwealth ex rel. Broom v. HanleySupreme Court of Pennsylvania · 1848

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Buchholtz v. HillCourt of Appeals of Maryland · 1940
  2. People v. ShawyerWyoming Supreme Court · 1924
  3. Robb v. CarterCourt of Appeals of Maryland · 1886
  4. State ex rel. Robert v. MurphySupreme Court of Florida · 1893
  5. Alcorn, State's Attorney, Ex Rel. Hendrick v. KeatingSupreme Court of Connecticut · 1935

18 more not listed; retrieve them via the Exa API.

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