State ex rel. Mayor of Baltimore v. Kirkley
Court of Appeals of Maryland
Appeal from the Superior Court of'Baltimore City. By Ord. No. 58, of the Mayor and City Council of Baltimore, approved September '2.5th, 1865, entitled “ an Ordinance to provide for the building of a new City Hall,” it was enacted that the Mayor should appoint, subject to the approval of the Council in convention, four persons, whose qualifications were prescribed, who, together with the Mayor, should constitute the Building Committee of the new City Hall, whose duty it…
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Appeal from the Superior Court of'Baltimore City. By Ord. No. 58, of the Mayor and City Council of Baltimore, approved September '2.5th, 1865, entitled “ an Ordinance to provide for the building of a new City Hall,” it was enacted that the Mayor should appoint, subject to the approval of the Council in convention, four persons, whose qualifications were prescribed, who, together with the Mayor, should constitute the Building Committee of the new City Hall, whose duty it should be to superintend its erection. The Ordinance, besides a variety of details as to how the work should be done, etc.,…
1Opinion of the CourtMiller, J.
The main subject of inquiry, and the question upon which this case turns is, had the appellees, at the time this proceeding was instituted, authority to act in the capacity of “ The Building Committee of the new City Hall,” and make the contracts and do the other acts referred to in the petition for the writ of mandamus ?
*102It is conceded no such office existed, either under the laws of the State or the Ordinances of the City, prior to the passage of Ord. No. 58, approved the 25th of September, 1865. The first section of that Ordinance provides “ that the Mayor shall appoint, subject to the…
2Cases cited6 opinions
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- Mayor of Balto. v. ReynoldsCourt of Appeals of Maryland · 1863
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862
- Mayor of Baltimore v. Clunet ex rel. ClunetCourt of Appeals of Maryland · 1865
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