Board of Commissioners of Public Schools v. County Commissioners
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County : This is an appeal from an order of the Circuit Court for Allegany County (Weisel, J.) refusing to grant a mandamus prayed for by the appellant, requiring the appellee to levy on the assessable property of Allegany Gounty, the ■sum of ten thousand dollars, for the support of the common schools of said county, for the year ending July 1st, 1861, and also the estimate that might be made by the appellant for the same purpose…
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Appeal from the Circuit Court for Allegany County : This is an appeal from an order of the Circuit Court for Allegany County (Weisel, J.) refusing to grant a mandamus prayed for by the appellant, requiring the appellee to levy on the assessable property of Allegany Gounty, the ■sum of ten thousand dollars, for the support of the common schools of said county, for the year ending July 1st, 1861, and also the estimate that might be made by the appellant for the same purpose for the year ending July 1st, 1862; and also dismissing the petition of the appellant with costs to the appellee. The only…
1Opinion of the CourtBowie, C. J.
The application, for the mandamus in this case, was resisted and refused, upon the ground that, ccthe Act of the Genera] Assembly of Maryland, requiring the Commissioners of Allegany County to levy the balance estimated by the Board of Commissioners of Public Schools, and reported to the commissioners of the'county, as necessary for the support of the. schools of the county, is unconstitutional and void; because contrary to Art. 7, sec. 8, of the State Constitution, which ordains, “that the County Commissioners shall exercise such powers and duties only as the Legislature may from time to…
2Cases cited6 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
- State v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1842
- State ex rel. Levy Court v. MerrymanCourt of Appeals of Maryland · 1826
- Kerr v. State ex rel. Levy CourtCourt of Appeals of Maryland · 1815
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3Cited by3 opinions
- State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868
- Harrison v. State ex rel. HarrisonCourt of Appeals of Maryland · 1864
- Ballentine v. Mayor of PulaskiTennessee Supreme Court · 1885