Legal Opinion

Mayor of Baltimore v. Hughes's Adm'r D. B. N.

Court of Appeals of Maryland

Decided December 15, 1829PublishedCited by 12 opinions

Appeal from Harford County Court. This was an action of Assumpsit, originally brought in Baltimore County Court, hut on suggestion, &c. of the defendant (the intestate of the appellee) was removed to Harford County: Court. After the cause was so removed, the death of the original defendant was suggested, and the present appellee was made defendant, as his administrator de bonis non.

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Appeal from Harford County Court. This was an action of Assumpsit, originally brought in Baltimore County Court, hut on suggestion, &c. of the defendant (the intestate of the appellee) was removed to Harford County: Court. After the cause was so removed, the death of the original defendant was suggested, and the present appellee was made defendant, as his administrator de bonis non. The action was brought to recover the sum of $1880 35, alleged to be due to the plaintiffs (the appellants) for certain paving taxes ’assessed upon the - property of the intestate, by virtue of the corporate…

1Opinion of the Court

Duciiaxax, Ch. J.

delivered the opinion of the court

A recovery by the plaintiffs, of the taxes imposed under the 13th section of the ordinance of the 9th of March, 1807, is resisted by the defendant on two grounds.

1st. That the power given by the ordinance has not been well executed.

2d. That the ordinance itself is not authorised by the charter.

The second ground relied upon involves the construction both of the charter and the ordinance, and will be first examined.

The second section of the act of 1797, ch. 54, a supplement to the act incorporating the city of Baltimore, gives to the…

2Cited by12 opinions

  1. Mayor of Baltimore v. Johns Hopkins HospitalCourt of Appeals of Maryland · 1881
  2. Eastern Tar Products Corp. v. State Tax CommissionCourt of Appeals of Maryland · 1939
  3. Withers v. DenmeadCourt of Appeals of Maryland · 1864
  4. United States Fidelity & Guaranty Co. v. TaylorCourt of Appeals of Maryland · 1918
  5. Burns v. Mayor of BaltimoreCourt of Appeals of Maryland · 1878

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