Graff v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. By the act of 1853, ch. 376, entitled, “An act for supplying the city of Baltimore with pure water,” power is given to the Mayor and City Council of Baltimore to “agree with the owner or owners of any land, real estate, spring, brook, water or water-course, earth, timber, stone or other materials, which the said Mayor and City Council of Baltimore may conceive expedient or necessary to purchase and hold, for the purpose of…
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Appeal from the Superior Court of Baltimore city. By the act of 1853, ch. 376, entitled, “An act for supplying the city of Baltimore with pure water,” power is given to the Mayor and City Council of Baltimore to “agree with the owner or owners of any land, real estate, spring, brook, water or water-course, earth, timber, stone or other materials, which the said Mayor and City Council of Baltimore may conceive expedient or necessary to purchase and hold, for the purpose of introducing water into the said city,” and if they cannot so agree, provision is made for summoning a jury “to inquire…
1Opinion of the CourtTuck, J.
This record presents two propositions for our consideration: the right of the appellant to the money claimed, and the propriety of the remedy employed.
Upon the first we agree with the appellee’s counsel, that the case of the Balto. & Susq. Rail Road Company vs. Nesbit, 10 Howard, 395, is decisive of the present appeal, if we are *552to recognize that decision as authority. The charter of that company, (1827, ch. 72,) as far as concerns the present inquiry, is substantially the same with the act under which the claim of the appellant is now made. Why different constructions should be-placed upon…
2Cases cited1 opinion
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
3Cited by25 opinions
- Pool v. ButlerCalifornia Supreme Court · 1903
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
- Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Lake Roland Elevated Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1893
- Norris v. Mayor of BaltimoreCourt of Appeals of Maryland · 1876
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