Legal Opinion

Burgess v. Pue

Court of Appeals of Maryland

Decided December 15, 1844PublishedCited by 7 opinions

Appeal from Howard District Court. This was an action of replevin, commenced by the appellee against the appellant, on the 4th September 1843, founded on the following warrant, viz : “To John L. Moore, clerk of Howard District of Jl.

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Appeal from Howard District Court. This was an action of replevin, commenced by the appellee against the appellant, on the 4th September 1843, founded on the following warrant, viz : “To John L. Moore, clerk of Howard District of Jl. A. co. Howard District of Anne Arundel county, to wit: Whereas, on this 4th of September 1843, before me the subscriber, one of the justices of the peace of the State of Maryland, in and for the said district, Arthur Pue,jr., of the said district, made oath, that two pied oxen belonging to him have been illegally and unjustly seized in execution for school taxes,…

1Opinion of the CourtMagruder, J.

An attempt to collect, by a seizure and sale of his property, the taxes imposed upon the defendant, in and by the taxable inhabitants of school district, No. 30, in Howard district, gave rise to this suit.

This tax, as it appears by the case stated, was imposed at a meeting which took place on the 29th July 1843, and was a tax of sixteen cents on every hundred dollars of taxable property within the district, in order to defray the necessary expenses of the district “during the past, and for the current year.” If the meeting and the proceedings, which took place on that day, were authorised by…

2Cited by7 opinions

  1. Fell v. StateCourt of Appeals of Maryland · 1875
  2. Tyson v. Western National BankCourt of Appeals of Maryland · 1893
  3. Susquehanna Bridge & Bank Co. v. General InsuranceCourt of Appeals of Maryland · 1852
  4. Davidson v. StateCourt of Appeals of Maryland · 1893
  5. State ex rel. Patty v. McKeeOregon Supreme Court · 1890

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