Thomas v. Owens
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. The appeal in this case was taken from an order of the circuit court refusing to grant a writ of mandamus, applied for by the appellant.
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Appeal from the Circuit Court for Anne Arundel county. The appeal in this case was taken from an order of the circuit court refusing to grant a writ of mandamus, applied for by the appellant. The facts of the case are fully stated in the opinion of this court and in the following opinion of the court below, delivered by Brewer, J., upon the passage of the order appealed from : “This case was very ably argued and three points discussed: 1st. At what time did the salary of the Comptroller commence? at the time of his election, at the time of his taking the oath prescribed by the constitution…
1Concurrence
Eccleston, J.,
concurred with the majority of the court in the affirmance of the order, but dissented upon one point, upon which he delivered the following dissenting opinion:
I concur with the majority of the court in their conclusions, except in reference to the period at which the salary of the Comptroller commenced. According to my construction of the constitution, he was not qualified to perforin the duties of the office, until he took the oath and gave the bond prescribed by the act of 1852, ch. 12.
Believing, as I do, that salary is given as compensation for services, I cannot understand…
2Cited by84 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- Boughton v. PriceIdaho Supreme Court · 1950
- Murphy v. YatesCourt of Appeals of Maryland · 1976
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