Smith v. Thursby
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Tho appellants filed their petition in the Superior Court of Baltimore city, on the 29th November, 1867, claiming to he tiie duly appointed, commissioned and qualified constables of the nineteenth ward of said city, and alleging that the appellee, was unlawfully exercising said office, and praying for a writ of mandamus, commanding him to vacate the same.
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Appeal from the Superior Court of Baltimore City. Tho appellants filed their petition in the Superior Court of Baltimore city, on the 29th November, 1867, claiming to he tiie duly appointed, commissioned and qualified constables of the nineteenth ward of said city, and alleging that the appellee, was unlawfully exercising said office, and praying for a writ of mandamus, commanding him to vacate the same. Upon tins petition, a rule to show cause was granted, and on the 4th of December, 1867, the appellee filed his answer to the same. The parties then agreed, in writing, to the following…
1Opinion of the CourtBartol, C. J.
This is an application by the appellants for the writ of mandamus to oust the appellee from the office of constable of the nineteenth ward of the city of Baltimore.
It appears from the record that the appellants claim the office in question by virtue of an appointment for two years, made by the Mayor and City Council, on the 8th day of October, 1867. They were commissioned, gave bond and *255took the oath of office as prescribed by the Constitution and laws. The Mayor and City Council elected under the provisions of the Constitution of 1867, considering that the appointment of the appellants made…
2Cases cited4 opinions
- Watkins v. WatkinsCourt of Appeals of Maryland · 1852
- People Ex Rel. Devlin v. ConoverNew York Court of Appeals · 1858
- State v. ManlyCourt of Appeals of Maryland · 1851
- Taylor v. HebdenCourt of Appeals of Maryland · 1866
3Cited by5 opinions
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- Hunt v. StateCourt of Appeals of Texas · 1879
- Silver v. MagruderCourt of Appeals of Maryland · 1870
- State ex rel. Byerley v. State Board of CanvassersNorth Dakota Supreme Court · 1919