St. Mary's Industrial School for Boys v. Brown
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. On the bill of complaint of the appellees, the Circuit Court of Baltimore City on the 28th of June, 1815, passed an order directing a prelimináry injunction to be issued restraining the Mayor and City Council of Baltimore from paying, and certain corporations and associations (including the appellants) from demanding certain sums of money appropriated for the benefit of the latter by the city ordinance, approved on the 12th…
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Appeals from the Circuit Court of Baltimore City. On the bill of complaint of the appellees, the Circuit Court of Baltimore City on the 28th of June, 1815, passed an order directing a prelimináry injunction to be issued restraining the Mayor and City Council of Baltimore from paying, and certain corporations and associations (including the appellants) from demanding certain sums of money appropriated for the benefit of the latter by the city ordinance, approved on the 12th of June, 1815, making general appropriations for that year. The injunction was issued as ordered. Nearly all of the…
1Opinion of the CourtAlvey, J.
The question of jurisdiction was rather suggested than seriously argued by the counsel for the1 appellants. Since the case of the Mayor and City Council of Baltimore vs. Gill, 31 Md., 375, the question of jurisdiction in a case like the present must he considered as settled in this Court. Parties in the position of the appellees in this case may invoke the restraining powers of a - Court of equity, and that Court will entertain jurisdiction of their suit against municipal corporations and their officers whenever the latter are shown to he acting ultra vires, or are assuming or exercising'a…
2Cases cited4 opinions
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
- Minturn v. LarueSupreme Court of the United States · 1860
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Spear v. GriffinCourt of Appeals of Maryland · 1865
3Cited by60 opinions
- Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1905
- State Center, LLC v. Lexington Charles Ltd. PartnershipCourt of Appeals of Maryland · 2014
- Wisconsin Industrial School for Girls v. Clark CountyWisconsin Supreme Court · 1899
- Kerr v. Enoch Pratt Free Library of Baltimore CityCourt of Appeals for the Fourth Circuit · 1945
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