Legal Opinion

Hooper v. New

Court of Appeals of Maryland

Decided April 8, 1897PublishedCited by 11 opinions

Appeal from an order of the Baltimore City Court (Wickes, J.), by which it was “ adjudged and ordered that the demurrer of the petitioners to the answer of the defendants be and the same is hereby sustained.

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Appeal from an order of the Baltimore City Court (Wickes, J.), by which it was “ adjudged and ordered that the demurrer of the petitioners to the answer of the defendants be and the same is hereby sustained. And it is further adjudged and ordered that a peremptory writ of mandamus issue at once against the defendant, Alcaeus Hooper, Mayor of Baltimore City, as prayed, commanding him to administer the oath of office as prescribed by law, to the petitioner, as a duly elected member of the Board of Commissioners of Public Schools of Baltimore City, and to deliver to him a good and sufficient…

1Opinion of the CourtMcSherry, C. J.

The appellee was appointed by a joint convention of the two branches of the City Council, one of the School Commissioners of Baltimore City, pursuant to the provisions of Art. ‡‡ of the City Code of i8gj. The ordinance therein contained makes provision for the appointment of School Commissioners of the city by a joint convention of the two branches of the Council. When the appellee presented himself to the Mayor to have the oath of office administered by the Mayor, the latter refused to administer the oath and *572placed his refusal on the ground that the appellee had not been legally appointed.…

2Cases cited6 opinions

  1. Legg v. Mayor of AnnapolisCourt of Appeals of Maryland · 1875
  2. Hardcastle v. Maryland & Delaware RailroadCourt of Appeals of Maryland · 1870
  3. Sudler v. LankfordCourt of Appeals of Maryland · 1895
  4. School Commissioners v. State Board of EducationCourt of Appeals of Maryland · 1867
  5. Barney v. StateCourt of Appeals of Maryland · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
  2. County Commissioners v. MonnettCourt of Appeals of Maryland · 1933
  3. Ghingher v. FanseenCourt of Appeals of Maryland · 1934
  4. Mayor of Baltimore v. StewartCourt of Appeals of Maryland · 1901
  5. Price v. AshburnCourt of Appeals of Maryland · 1913

6 more not listed; retrieve them via the Exa API.

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