Legal Opinion

State v. Mace

Court of Appeals of Maryland

Decided December 15, 1853PublishedCited by 41 opinions

Appeal from the Court of Common Pleas for Baltimore city. The appellee was arrested upon a warrant issued by a justice of the peace for a violation of the act of 1854, ch. 138. Judgment was rendered against him for $5 and costs, for the nonpayment of which he was committed to jail. He then made application to the Court of Common Pleas for a writ of habeas corpus cum causa, which was granted, and, upon hearing, the petitioner was discharged.

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Appeal from the Court of Common Pleas for Baltimore city. The appellee was arrested upon a warrant issued by a justice of the peace for a violation of the act of 1854, ch. 138. Judgment was rendered against him for $5 and costs, for the nonpayment of which he was committed to jail. He then made application to the Court of Common Pleas for a writ of habeas corpus cum causa, which was granted, and, upon hearing, the petitioner was discharged. Upon the passage of the order discharging the party, from which this appeal was taken by the Slate, the court below, (Marshall, J.,) delivered the…

1Opinion of the CourtLe Grand, C. J.

This case comes before us on an appeal from an order of the Court of Common Pleas of Baltimore city, discharging the appellee from the custody of the warden of the jail of Baltimore city, to-which he had been committed by Edward J. Peters, a justice of the peace, by “reason of the non-payment of a fine of §5, and 56|- cents, costs, inflicted on him for a violation of the act, entitled, ‘An act to prevent frauds on the revenue in the cases hereinafter mentioned, and to punish the perpetrators thereof.’ ”

The act of 1854, chapter 138, — the one under which the appellee was confined in jail, —…

2Cases cited5 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. Ex Parte Tobias WatkinsSupreme Court of the United States · 1833
  3. Webster v. CockeyCourt of Appeals of Maryland · 1850
  4. Bell v. State ex rel. MillerCourt of Appeals of Maryland · 1846
  5. Bode v. StateCourt of Appeals of Maryland · 1848

3Cited by41 opinions

  1. In re StateCourt of Appeals of Maryland · 1880
  2. De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
  3. Kirwan v. the DiamondbackCourt of Appeals of Maryland · 1998
  4. Manly v. StateCourt of Appeals of Maryland · 1854
  5. Brown v. BrownCourt of Appeals of Maryland · 1980

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