Legal Opinion

Howard v. First Independent Church

Court of Appeals of Maryland

Decided June 27, 1862PublishedCited by 11 opinions

Appeal from the Court of Common Pleas. Action, brought May 1857, by the appellee against the appellant, to recover $300.29, upon the following contract., the .execution of which by .the defendant was admitted.

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Appeal from the Court of Common Pleas. Action, brought May 1857, by the appellee against the appellant, to recover $300.29, upon the following contract., the .execution of which by .the defendant was admitted. “In consideration that the trustees of the First Independent Church of Baltimore, in the City of Baltimore, who,own a burial ground on Belle Air Avenue, will sign the petition., noto in circulation., to the city commissioner, to pave said avenue, I hereby bind myself ¡to pay to said trustees any excess .over one dollar and fifteen cents per front foot, which said paving may cost,…

1Opinion of the CourtBart on, J.

By the existing system, established by the Acts of Assembly' and the Ordinances of the city of Baltimore, regulating the grading and paving of streets, it is made a necessary preliminary to any action by the city authorities, that the owners of a majority of feet fronting on the street, (or the part of it proposed to be graded and paved,) shall unite in an application to the city commissioner to have the work done, and on such application the city commissioner is authorized to have the work done, although the other proprietors may not' assent. The effect of this system is, to enable…

2Cases cited2 opinions

  1. Steuart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
  2. Henderson v. Mayor of Baltimore ex rel. EschbachCourt of Appeals of Maryland · 1855

3Cited by11 opinions

  1. Doane v. Chicago City Railway Co.Illinois Supreme Court · 1895
  2. State v. JohnsonIndiana Supreme Court · 1875
  3. Maguire v. SmockIndiana Supreme Court · 1873
  4. McMillan v. City of Fond du LacWisconsin Supreme Court · 1909
  5. Maguire v. SmockIndiana Superior Court · 1871

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