Magruder v. Swann
Court of Appeals of Maryland
Appeal- from tlie Circuit Court for Anne- Arundel county? Petition filed by the appellant on the 13th of January, 1866, praying for an order requiring the appellee, Thomas Swann, Governor of Maryland, to shew cause why a Avrit of mandamus should not issue, commanding him, as Governor aforesaid,, to issue a commission to the petitioner, as Circuit Judge of the Second Judicial Circuit of the State of Maryland.
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Appeal- from tlie Circuit Court for Anne- Arundel county? Petition filed by the appellant on the 13th of January, 1866, praying for an order requiring the appellee, Thomas Swann, Governor of Maryland, to shew cause why a Avrit of mandamus should not issue, commanding him, as Governor aforesaid,, to issue a commission to the petitioner, as Circuit Judge of the Second Judicial Circuit of the State of Maryland. The material allegations of the petition and answer1are stated in the opinion of this Court. This appeal is from an order of the Court below, (E. Johnson, Jr., Special Judge,) dismissing…
1Opinion of the CourtBowie, C. J.
In the interval between the adoption and promulgation of the present Constitution, a vacancy, occasioned by the death of the late Judge Brewer in the office of judge of the second judicial circuit, their embracing Anne Arftndel, Calvert, Howard and Montgomery Counties, was filled by the apfpóintment of the Hon. William II. Tuck by Governor’ Bradford, in the recess of the Senate.
By the provisions of the new Constitution, which took effect on the first of November, 1864, the second judicial circuit was reduced to two Counties, Anne Arundel and Calvert.
A-t a? general election held tho 8th of…
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