Legal Opinion

McPherson v. Leonard

Court of Appeals of Maryland

Decided July 3, 1868PublishedCited by 26 opinions

Appeal from the Superior Court of Baltimore City. The appellant filed a petition in the Superior Court of Baltimore City, alleging that by the.

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Appeal from the Superior Court of Baltimore City. The appellant filed a petition in the Superior Court of Baltimore City, alleging that by the. Act of 1867, ch. 337, it was provided that the militia of the State should be organized, and a National Guard formed out of parts of said militia; that by the twelfth section of the Act, it was further provided that whenever any company of the National Guard should have provided itself with a proper uniform, to the satisfaction of the Inspector General, the members thereof should be re-imbursed for the expense, either in whole or in part, to an amount…

1Opinion of the CourtBrent, J.

The petition of the appellant for a writ of mandamus, and the answer of the Comptroller of the Treasury, present the question of the constitutionality of the law of 1868, ch. 425, providing “ for the liquidation and settlement of claims heretofore contracted, for arming, equipping and uniforming the militia.”

The Constitution of the State, Art. 3, sec. 29, provides that, “ The style of all laws of this State shall be — Be it enacted by the General Assembly of Maryland.” In the enactment of the law now presented for our examination, the words, “ by the General Assembly of Maryland,” do not…

2Cases cited2 opinions

  1. Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
  2. Hardesty v. TaftCourt of Appeals of Maryland · 1865

3Cited by26 opinions

  1. Victory Sparkler & Specialty Co. v. FrancksCourt of Appeals of Maryland · 1925
  2. Colby v. City of MedfordOregon Supreme Court · 1917
  3. Levin v. HewesCourt of Appeals of Maryland · 1912
  4. Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
  5. Kelly v. Marylanders for Sports Sanity, Inc.Court of Appeals of Maryland · 1987

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