Hooper v. Creager
Court of Appeals of Maryland
Appeal from an order of the Superior Court of Baltimore directing that a peremptory writ of mandamus issue commanding the Honorable Alcaeus Hooper, Mayor of the city of Baltimore, to administer to Noble H. Creager, as City Collector, the oath of office prescribed by ordinance for municipal officers, and that the petitioner recover his costs from the respondent.
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Appeal from an order of the Superior Court of Baltimore directing that a peremptory writ of mandamus issue commanding the Honorable Alcaeus Hooper, Mayor of the city of Baltimore, to administer to Noble H. Creager, as City Collector, the oath of office prescribed by ordinance for municipal officers, and that the petitioner recover his costs from the respondent. The first appeal in this case is reported in 83 Md. 490. The trial Court (Ritchie, J.), instructed the jury to find a verdict for the petitioner, Creager, and delivered the following opinion : When this case was before the Court on the…
1Dissent
Russum, J.,
dissented and delivered the following opinion :
Notwithstanding the high esteem in which I hold the judgments of my learned brothers, I am unable to concur in their conclusions in this case, and it is proper that I should give the reasons for my dissent. We agree in everything except the proper construction of the charter of Baltimore City, contained in Article 4 of the Code of Public Local Laws, and the extent to which the Acts of 1817, ch. 148, and of 1828-9, 114, should control that construction.
This Court has, in several cases, considered the effect of the omission of Acts and…
Also in this document: Opinion of the Court.
2Cases cited15 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Bridges v. ShallcrossWest Virginia Supreme Court · 1873
- Brown v. O'ConnellSupreme Court of Connecticut · 1870
- Harrison v. State ex rel. HarrisonCourt of Appeals of Maryland · 1864
- Daly v. MorganCourt of Appeals of Maryland · 1888
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