Gregg v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the .Circuit Court for Baltimore City. The Beard of Directors of the Baltimore and Ohio Rail Road Company adopted, on the 17th of December 1856, a resolution for an extra dividend, in which, after reciting, by way of preamble, that there has been appropriated by the company, from time to time, the sum of $3,000,000, and upwards, of the net earnings of the main stem of the road, to the purpose of construction, with the intention, in conformity with the practice of…
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Appeal from the .Circuit Court for Baltimore City. The Beard of Directors of the Baltimore and Ohio Rail Road Company adopted, on the 17th of December 1856, a resolution for an extra dividend, in which, after reciting, by way of preamble, that there has been appropriated by the company, from time to time, the sum of $3,000,000, and upwards, of the net earnings of the main stem of the road, to the purpose of construction, with the intention, in conformity with the practice of the company, of paying the same to the stockholders in the shape of a dividend, at such time as they might deem…
1Opinion of the CourtTuck, J.
The members of the court being equally divided in opinion on the motion to dismiss the appeal, and also on the propriety of the order appealed^ from, it must be affirmed. Hatton vs. Weems, 12 G. & J., 83.
*504Under such circumstances it. is not usual to file opinions, but, in view of the public and private interests involved, and the importance of having the asserted power of the railroad company to declare dividends of this kind, examined and passed upon, in a cause which, by its proceedings, shall embrace all persons interested in having that question authoritatively determined; and supposing…
2Cases cited1 opinion
- Hatton v. WeemsCourt of Appeals of Maryland · 1841
3Cited by2 opinions
- League v. StateCourt of Appeals of Maryland · 1872
- Darner v. DarnerCourt of Appeals of Maryland · 1929