Baltimore & Havre-de-Grace Turnpike Co. v. Northern Central Railway Co.
Court of Appeals of Maryland
Error to the Superior Court of Baltimore city. It appears from the record in this case that by the Act of' 1853, ch. 191, the appellee was authorised to make a lateral road from its main stem to tide water, and for that purpose to exercise all the powers given in its original charter, (Act of 1827, ch. 72,) and its supplements.
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Error to the Superior Court of Baltimore city. It appears from the record in this case that by the Act of' 1853, ch. 191, the appellee was authorised to make a lateral road from its main stem to tide water, and for that purpose to exercise all the powers given in its original charter, (Act of 1827, ch. 72,) and its supplements. In the exercise of these powers, the appellee finding it necessary, to cross the Turnpike of the appellant, had a warrant issued, under the pro-, visions of the 15th section of the Act of 1827, ch. 72, for the condemnation of part of the appellant’s turnpike in…
1Opinion of the CourtTuck, J.
W hether an appeal lies in cases of certiorari may depend on the nature of the proceedings, and the object for which that remedy may have been invoked.
Where, as in the case of Crockett vs. Parke, 7 Gill, 237, the court on the return of the writ is called upon to exercise a quasi appellate power in examining the proceedings of an inferior jurisdiction, which has authority to act in the premises, the judgment is final, and no appeal lies to this court. But where, as in Swann vs. Mayor & C. C. of Cumberland, 8 Gill, 150, the writ is sued out to test the power and jurisdiction of the inferior…
2Cases cited5 opinions
- Swann v. Mayor of CumberlandCourt of Appeals of Maryland · 1849
- Lammott v. MaulsbyCourt of Appeals of Maryland · 1855
- Carter v. DennisonCourt of Appeals of Maryland · 1848
- Crockett v. ParkeCourt of Appeals of Maryland · 1848
- Hamilton v. Annapolis & Elk Ridge Rail RoadCourt of Appeals of Maryland · 1852
3Cited by21 opinions
- Sugar v. North Baltimore Methodist Protestant ChurchCourt of Appeals of Maryland · 1933
- New York Mining Co. v. Midland Mining Co.Court of Appeals of Maryland · 1904
- Hendrick v. StateCourt of Appeals of Maryland · 1911
- Johnson v. Board of Zoning AppealsCourt of Appeals of Maryland · 1950
- Cumberland & Pennsylvania Railroad v. Pennsylvania RailroadCourt of Appeals of Maryland · 1881
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