Legal Opinion

Mayor of Baltimore v. Weatherby

Court of Appeals of Maryland

Decided July 16, 1879PublishedCited by 11 opinions

Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by the appellants against the appellees and the Board of Commissioners of Public ' Schools of Baltimore City, and others, for the purpose of having the contract therein referred to declared illegal, and for an injunction to prevent its being carried out.

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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by the appellants against the appellees and the Board of Commissioners of Public ' Schools of Baltimore City, and others, for the purpose of having the contract therein referred to declared illegal, and for an injunction to prevent its being carried out. The bill, after referring to the ordinance of 1873, No. 64, the nature of which is sufficiently set forth in the opinion of the Court, makes the following allegations in regard to said contract: “ That on the 8th day of October, 1878, the said Board of Public…

1Opinion of the CourtAlvey, J.

The present is a joint appeal by all the defendants from an order granting an injunction. But one of the defendants, Cunningham, has filed an answer responsive to the facts alleged, and the other defendants have filed a demurrer, assigning causes against the sufficiency of the hill. The complainants have made a motion to dismiss the appeal, upon the ground that all the defendants joining in the appeal have not answered, as required by sec. 21, of Art. 5, of the Code, as preliminary to the right of appeal. This motion, we think, ought not to prevail.

The section of the Code just referred to…

2Cases cited9 opinions

  1. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  2. Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
  3. Dugan v. GittingsCourt of Appeals of Maryland · 1845
  4. Fanning v. GregoireSupreme Court of the United States · 1854
  5. Nusbaum v. SteinCourt of Appeals of Maryland · 1858

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3Cited by11 opinions

  1. Mayor of Baltimore v. KeyserCourt of Appeals of Maryland · 1890
  2. Jackson v. NorrisCourt of Appeals of Maryland · 1937
  3. Gregg v. Public Service CommissionCourt of Appeals of Maryland · 1913
  4. Chappell v. FunkCourt of Appeals of Maryland · 1882
  5. Board of Education v. AllenderCourt of Appeals of Maryland · 1955

6 more not listed; retrieve them via the Exa API.

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