Legal Opinion

Ash v. McVey

Court of Appeals of Maryland

Decided January 7, 1897PublishedCited by 23 opinions

Appeal from an order of the Circuit Court for Cecil County (Russum, C. J., and Stump, J.), sustaining a demurrer to defendant’s answer to the petition for a mandamus, and directing a peremptory mandamus to issue commanding the appellant, Ash, to vacate the office of school commissioner for Cecil County held by him and surrender the same to the appellee.

1Opinion of the CourtBriscoe, J.

This is an appeal from an order of the Circuit Court of Cecil County granting a peremptory writ of mandamus by which the appellant was ordered to vacate the office of school commissioner for Cecil County and to surrender it to the appellee. The facts are undisputed and the question is simply as to the title to the office in question. This was created by the Act of 1892, ch. 341, amending the Code, Art. 77, sections 6, 18 and 25. This Act provides that in certain counties of the State, Cecil County being one of them, the Governor shall appoint by and with the advice and consent of the Senate,…

2Cases cited8 opinions

  1. Thomas v. OwensCourt of Appeals of Maryland · 1853
  2. Anderson v. BakerCourt of Appeals of Maryland · 1865
  3. Robb v. CarterCourt of Appeals of Maryland · 1886
  4. Townsend v. KurtzCourt of Appeals of Maryland · 1896
  5. Smoot v. SomervilleCourt of Appeals of Maryland · 1882

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3Cited by23 opinions

  1. Barrett v. DuffSupreme Court of Kansas · 1923
  2. County Commissioners v. MonnettCourt of Appeals of Maryland · 1933
  3. Board of County School Commissioners v. GoldsboroughCourt of Appeals of Maryland · 1899
  4. Shackelford v. WestSupreme Court of Georgia · 1912
  5. State Ex Rel. McCarthy v. WatsonSupreme Court of Connecticut · 1946

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