Hamilton v. Annapolis & Elk Ridge Rail Road
Court of Appeals of Maryland
This case comes by appeal from the High Court of Chancery. The bill was filed by the appellant on the 23rd July, 1846, and in it the complainant claimed the money, which, in 1838, it was awarded that the company should pay to him for land of the complainant, which the company had cause to be condemned for its road. The complainant also claimed the possession of a tavern and dwelling house, which the company had erected on the lands thus condemned.
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This case comes by appeal from the High Court of Chancery. The bill was filed by the appellant on the 23rd July, 1846, and in it the complainant claimed the money, which, in 1838, it was awarded that the company should pay to him for land of the complainant, which the company had cause to be condemned for its road. The complainant also claimed the possession of a tavern and dwelling house, which the company had erected on the lands thus condemned. The first condemnation bore date 12th May 1838, in virtue of a warrant by a magistrate, which stated that it was issued, because the parties could…
1Opinion of the CourtEccleston, J.
The court decline expressing any opinion in regard to the motion to dismiss this appeal because they think the complainant is not entitled to the relief asked for by him, even if the decision upon this motion, should be against the appellee.
The two sums assessed by the juries as damages, to be paid by the appellees to the complainant, with the interest thereon, having been fully paid, in obedience to the decree of the chancellor, and satisfaction having been entered for the same, as appears by the record, there is no longer any controversy between the parties in relation to the damages so…
2Cases cited1 opinion
- Wilmington & Susquehanna Rail Road v. CondonCourt of Appeals of Maryland · 1837
3Cited by10 opinions
- Murrell v. Mayor of BaltimoreCourt of Appeals of Maryland · 2003
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
- Baltimore & Havre-de-Grace Turnpike Co. v. Northern Central Railway Co.Court of Appeals of Maryland · 1860
- Cumberland & Pennsylvania Railroad v. Pennsylvania RailroadCourt of Appeals of Maryland · 1881
- State Roads Commission v. JohnsonCourt of Appeals of Maryland · 1960
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