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Legal Opinion

Johnson v. Duke

Court of Appeals of Maryland

Decided February 4, 1942No. [Nos. 62 and 63, October Term, 1941.]PublishedCited by 19 opinions

1Opinion of the CourtDelaplaine, J.

J. Wilmer Johnson, a citizen and taxpayer for Calvert County, filed suits for mandamus to compel William W. Duke and Clyde L. West to vacate their offices of justice of the peace for Calvert County on the ground that they were ineligible under the Constitution of Maryland for their recess appointments.

Duke and West were first appointed by Governor Herbert R. O’Conor when the Act establishing the Trial Magistrates System took effect on June 1, 1939, during recess of the Legislature. Duke was designated as justice of the- peace at large to sit as trial magistrate at Prince Frederick and such…

2Cases cited17 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Ogden v. SaundersSupreme Court of the United States · 1827
  3. Manly v. StateCourt of Appeals of Maryland · 1854
  4. Levin v. HewesCourt of Appeals of Maryland · 1912
  5. McPherson v. BlackerMichigan Supreme Court · 1892

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3Cited by19 opinions

  1. Hornbeck v. Somerset County Board of EducationCourt of Appeals of Maryland · 1983
  2. Perkins v. EskridgeCourt of Appeals of Maryland · 1976
  3. County Commissioners v. Supervisors of ElectionsCourt of Appeals of Maryland · 1949
  4. Kadan v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1974
  5. Pressman v. D'ALESANDROCourt of Appeals of Maryland · 1956

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