Legal Opinion

Mayor of Baltimore v. Horn

Court of Appeals of Maryland

Decided January 16, 1867PublishedCited by 21 opinions

Appeal from the Circuit Court of Baltimore city. The appellees filed their petition in the Circuit Court of Baltimore city praying for an injunction to restrain the appellants from further proceedings in collecting the assessments levied upon the appellees, and other -owners of lands, on the line of North Avenue, for the payment of the expenses of grading said avenue.

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Appeal from the Circuit Court of Baltimore city. The appellees filed their petition in the Circuit Court of Baltimore city praying for an injunction to restrain the appellants from further proceedings in collecting the assessments levied upon the appellees, and other -owners of lands, on the line of North Avenue, for the payment of the expenses of grading said avenue. The appellants answered the petition, justifying their action under the Acts of 1864, chs. 188 and 344. The cause was heard upon the petition and answer, and an order passed by the Court, ( Alexander, J.,) restraining the…

1Opinion of the CourtWeisel, J.

The record in this case shows that the case of Porter vs. The Mayor and City Council of Baltimore, 18 Md. Rep., 284, which involved the same question of right under the law of 1856, ch. 164, also disposed of that question in this case, and consequently the Court below, after that decision and in pursuance of it, on the 23d of May, 1862, perpetuated the injunction in this case. By that decision it was settled by this Court that the powers conferred by that Act were not complied with by the Mayor and City Council of Baltimore, and that the work done in grading North Avenue, and the assessment…

2Cases cited3 opinions

  1. Wright v. Wright's LesseeCourt of Appeals of Maryland · 1852
  2. Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
  3. Berrett v. OliverCourt of Appeals of Maryland · 1835

3Cited by21 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Gilmore v. NortonSupreme Court of Kansas · 1872
  3. Christie v. MaldenWest Virginia Supreme Court · 1884
  4. Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
  5. Comptroller of the Treasury v. Glenn L. Martin Co.Court of Appeals of Maryland · 1958

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