Alexander v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill of the appellants, Ashton Alexander and John Wilson, filed on the 26th January, 1847, charged that by an act of the General Assembly of Maryland, passed at its December session, 1838, chapter 226, entitled “An act to vest certain powers in the corporation of the city of Baltimore, in relation to streets,” the Slate of Maryland purports and attempts to confer upon the Mayor and City Council of Baltimore, the full power and authority…
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Appeal from the Court of Chancery. The bill of the appellants, Ashton Alexander and John Wilson, filed on the 26th January, 1847, charged that by an act of the General Assembly of Maryland, passed at its December session, 1838, chapter 226, entitled “An act to vest certain powers in the corporation of the city of Baltimore, in relation to streets,” the Slate of Maryland purports and attempts to confer upon the Mayor and City Council of Baltimore, the full power and authority to provide for opening, laying out and extending, widening, straightening, or closing up, in whole, or in part, any…
1Opinion of the CourtMartin, J.
In the argument of this case, the counsel for the appellants has contended that the act of Assembly of 1838, ch. 226, is to be considered as an unconstitutional exercise of legislative power, and that all the proceedings of- the Mayor and City Council of Baltimore, with respect to the extension of Fayette street, as exhibited in the record, were unauthorized and void. And upon this ground he has claimed the interposition of the Chancery court, to protect the property of the appellants from the enforcement of a tax, which it is alleged was illegally imposed upon it.
But we think that the…
2Cases cited3 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Burgess v. PueCourt of Appeals of Maryland · 1844
3Cited by24 opinions
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
- Steuart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Gelston v. SigmundCourt of Appeals of Maryland · 1867
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