Legal Opinion

Shafer v. Mumma

Court of Appeals of Maryland

Decided October 9, 1861PublishedCited by 35 opinions

Appeal from the Circuit Court fox Washington county. Action of trespass and false imprisonment, brought on the 3rd of November 1858, by the appellant, Elmira, whilst a feme sole, against the appellee.

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Appeal from the Circuit Court fox Washington county. Action of trespass and false imprisonment, brought on the 3rd of November 1858, by the appellant, Elmira, whilst a feme sole, against the appellee. The defendant pleaded that he did not commit the wrongs alleged, and then several pleas of justification under and by virtue of authority conferred upon him as Mayor of Hagerstown, in which he sets forth in full the several Acts of Assembly and ordinances under which he acted as Mayor, as aforesaid, all of which are sufficiently stated in the opinion of this court. The plaintiffs joined issue…

1Opinion of the CourtLe Grand, C. J.

This is an action of trespass and false imprisonment, instituted by the wife of George Shafer, whilst a feme sole, against the appellee.

To the declaration the defendant pleaded specially, in substance alleging, that at the time of the alleged trespass, he was mayor of Hagerstown, duly elected and qualified, and that the appellant, Elmira, was brought before him and proceeded against under an ordinance of the mayor and council of Hagerstown, passed the 26th day of June 1858, the first section of which provides that the mayor, on information, shall “cause to be brought before him all vagrant,…

2Cited by35 opinions

  1. In re ClohertyWashington Supreme Court · 1891
  2. Rossberg v. StateCourt of Appeals of Maryland · 1909
  3. Solvuca v. Ryan & Reilly Co.Court of Appeals of Maryland · 1917
  4. McInerney v. City of DenverSupreme Court of Colorado · 1892
  5. People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890

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