Legal Opinion

Berry v. Baltimore & Drum Point Railroad

Court of Appeals of Maryland

Decided February 27, 1875PublishedCited by 45 opinions

Appeal from the Circuit Court for Anne Arundel County,, in Equity. The bill of complaint in this case filed by the appellant on the 12th of December, 1874, charged that the appellee was incorporated by the Act of 18(58, ch. 864, and authorized to construct a railroad from some point in or near Baltimore, through the counties of Anne Arundel and Calvert, to a point at or near the mouth of the Patuxent river; that the company was duly organized under its charter, and invited…

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Appeal from the Circuit Court for Anne Arundel County,, in Equity. The bill of complaint in this case filed by the appellant on the 12th of December, 1874, charged that the appellee was incorporated by the Act of 18(58, ch. 864, and authorized to construct a railroad from some point in or near Baltimore, through the counties of Anne Arundel and Calvert, to a point at or near the mouth of the Patuxent river; that the company was duly organized under its charter, and invited and .obtained subscriptions to its capital stock — that among others the complainant subscribed to the capital stock of…

1Opinion of the CourtAlvet, J.

This is an appeal from a pro forma order of the Court below, refusing an injunction to the appellant, to restrain the execution of a judgment recovered against him by the appellee, for balance of subscription to the stock of that corporation; and the ground of the application is, that, under the Act of 1874, chapter 389, section 3, amendatory of the company’s charter, which was granted by the Act of 1868, chapter 364, the duration of the charter is limited to the first of January, 1875, the company not having finished or completed its road as provided it should have done.

*459By the 19th section…

2Cases cited9 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Gardner v. CollectorSupreme Court of the United States · 1868
  3. Spangler v. JacobyIllinois Supreme Court · 1853
  4. State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868
  5. Fouke v. FlemingCourt of Appeals of Maryland · 1859

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3Cited by45 opinions

  1. The People v. . PetreaNew York Court of Appeals · 1883
  2. State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
  3. Legg v. Mayor of AnnapolisCourt of Appeals of Maryland · 1875
  4. Mayor of Baltimore v. StateCourt of Appeals of Maryland · 1977
  5. Ex parte WrenMississippi Supreme Court · 1886

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