Miller v. State ex rel. Fiery
Court of Appeals of Maryland
Appeal frena Washington county court, it appears from affidavits contained iu the record in this case, that two suits were instituted at the same time, against the same defendant, (the present appellant,) upon the same guardian’s bond. One in the name of the State, for the uso of Henry Fiery-, which is reported in 3 Gill, 335, and unte p. 141, the other for the use of Lewis Fiery, (the present case.) Both cases were tried at November term, 1S43, of Washington county court.
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Appeal frena Washington county court, it appears from affidavits contained iu the record in this case, that two suits were instituted at the same time, against the same defendant, (the present appellant,) upon the same guardian’s bond. One in the name of the State, for the uso of Henry Fiery-, which is reported in 3 Gill, 335, and unte p. 141, the other for the use of Lewis Fiery, (the present case.) Both cases were tried at November term, 1S43, of Washington county court. Henry’s case was tried first, and certain questions of law decided against the plaintiff, to which exceptions were taken…
1Opinion of the Court
Dorsey, C. L.
delivered the opinion of this court.
Whilst entirely concurring in (he well established principle of law, that the judicial tribunals of this State ought never to declare an enactment of its Legislature unconstitutional and void, unless it plainly appears that the Legislature has transcended its constitutional powers, we think it manifest that the act of 1845, ch. 35S,is the exercise of such an unconstitutional power, by the General Assembly of Maryland, as renders it wholly inoperative and void. As decided by this court in the case of Crane vs. Meginnis, the legislative and…
2Cited by6 opinions
- Roche v. WatersCourt of Appeals of Maryland · 1890
- Dorsey's Lessee v. GaryCourt of Appeals of Maryland · 1872
- McManus v. HornadaySupreme Court of Iowa · 1904
- In Re the Estate of RickellCourt of Appeals of Maryland · 1930
- Office of the Governor v. Washington Post Co.Court of Appeals of Maryland · 2000
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