Legal Opinion

Burgess v. Pue

Court of Appeals of Maryland

Decided June 15, 1844PublishedCited by 20 opinions

Appeal from Howard District Court. This was an action of Replevin, commenced on the 8th February, 1843, on the following warrant: Howard District or Anne Arundel county, to wit: Whereas, on the sixth day of February, eighteen hundred and forty-three, instant, before the subscriber, one of the justices of the peace of the State of Maryland, in and for the said district, Arthur Pue, jr., of the said district, made oath, that one yoke of pied oxen, belonging to him, have been…

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Appeal from Howard District Court. This was an action of Replevin, commenced on the 8th February, 1843, on the following warrant: Howard District or Anne Arundel county, to wit: Whereas, on the sixth day of February, eighteen hundred and forty-three, instant, before the subscriber, one of the justices of the peace of the State of Maryland, in and for the said district, Arthur Pue, jr., of the said district, made oath, that one yoke of pied oxen, belonging to him, have been illegally and unjustly seized in execution for school taxes, for district No. 30, by Thomas Burgess, the collector, which…

1Opinion of the CourtStephen, J.

This action of replevin was instituted in the court below to recover certain property which had been taken by the appellant, as collector, for a school tax alleged to be due by the appellee, and which had been imposed by the taxable inhabitants of a school district, under the system of primary schools as established by law. The judgment of the court below was in favor of the plaintiff in that court, and defendant appealed to this tribunal to obtain a reversal of that judgment, on the ground that it was erroneous, and that the suit ought not to have been sustained.

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2Cited by20 opinions

  1. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  2. Benson v. StateCourt of Appeals of Maryland · 2005
  3. Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
  4. Fell v. StateCourt of Appeals of Maryland · 1875
  5. Trustees of the Catholic Cathedral Church v. ManningCourt of Appeals of Maryland · 1890

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