Jump v. Spence
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This is an appeal from an order of the Circuit Court for Anno Arundel county granting a mandamus, requiring the appellant, as Comptroller of the State to issue his warrant to the Treasurer, in favor of the appellee, for a certain sum of money claimed by him to be due for salary as Judge of the twelfth Judicial Circuit.
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Appeal from the Circuit Court for Anne Arundel County. This is an appeal from an order of the Circuit Court for Anno Arundel county granting a mandamus, requiring the appellant, as Comptroller of the State to issue his warrant to the Treasurer, in favor of the appellee, for a certain sum of money claimed by him to be due for salary as Judge of the twelfth Judicial Circuit. The appellee was elected Judge of the eighth Judicial Circuit of Maryland, composed of Worcester, Somerset and Dorchester counties, in November, 1855, for ten years, and was duly commissioned and qualified as such, and…
1Opinion of the CourtAlvey, J.
Without discussing all the several grounds assigned by the appellant why the mandamus should not issue in this ease, we shall state briefly some of the reasons that lead us to the conclusion that the writ was erroneously ordered by the Court below.
There is no doubt but that the judgment of the House of Delegates, in the contest between the appellee and Mr. Franklin, conclusively established the right of the former to the office of Judge of the twelfth Judicial Circuit, by virtue of the election held on the 7th of November, 1865.
But while this is conceded, it does not follow that the appellee…
2Cases cited1 opinion
- Thomas v. OwensCourt of Appeals of Maryland · 1853
3Cited by7 opinions
- Brodsky v. HullCourt of Appeals of Maryland · 1950
- Brooke v. WiddicombeCourt of Appeals of Maryland · 1874
- Attorney-General ex rel. Haight v. LoveSupreme Court of New Jersey · 1877
- Manahan v. WattsSupreme Court of New Jersey · 1900
- Little v. SchulCourt of Appeals of Maryland · 1912
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