Mayor of Annapolis v. State
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. The appellants were indicted at October Term, 1866, of Anne Arundel County Court, for encroaching upon, stopping up and obstructing, on the 30th of March previous, South street, alleged to be a public highway in the city of Annapolis.
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Appeal from the Circuit Court for Anne Arundel County. The appellants were indicted at October Term, 1866, of Anne Arundel County Court, for encroaching upon, stopping up and obstructing, on the 30th of March previous, South street, alleged to be a public highway in the city of Annapolis. The indictment contained four counts: the first charged the obstruction by the erection of a plank fence, by certain persons to the jurors unknown, and which was unlawfully allowed to remain by the appellants; the second, by the erection of a fence by a certain George Wells, and unlawfully allowed to remain…
1Opinion of the CourtRouiNSON, J.
The view we take of this ease, makes it unnecessary to decide whether the traversers, a Municipal Corporation, are liable to indictment for obstructing or closing South street, alleged to be a public highway, in the city of Annapolis. If this be conceded, we are clearly of opinion, that their special plea, setting forth the acts of permission in pursuance of which the obstruction was erected, in connection with the provisions of the curing Act of 1867, ch. 240, constitute a bar to the indictment.
The general rule in the construction of this and all other statutes, is to ascertain the intention…
2Cases cited2 opinions
- Keller v. StateCourt of Appeals of Maryland · 1857
- Resler v. SheheeSupreme Court of the United States · 1801
3Cited by27 opinions
- Stewart v. TennantWest Virginia Supreme Court · 1903
- Bd. of County Commissioners of Garrett Cty. v. Bell Atlantic-Maryland, Inc.Court of Appeals of Maryland · 1997
- Lynch v. MurphySupreme Court of Missouri · 1893
- O. C. Taxpayers for Equal Rights, Inc. v. Mayor of Ocean CityCourt of Appeals of Maryland · 1977
- Oursler v. TawesCourt of Appeals of Maryland · 1940
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