Picking v. State
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick county. This action was brought by the State of Maryland against the appellant, to recover the sum of six hundred and sixty-six dollars and sixty-two cents, claimed to be an excess of fees received by him as one of the dour .inspectors of the city of Baltimore over and above the ratable proportion of the annual salary of his office, for the fraction of the nnexpired .year of his predecessor in office.
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Appeal from the Circuit Court for Frederick county. This action was brought by the State of Maryland against the appellant, to recover the sum of six hundred and sixty-six dollars and sixty-two cents, claimed to be an excess of fees received by him as one of the dour .inspectors of the city of Baltimore over and above the ratable proportion of the annual salary of his office, for the fraction of the nnexpired .year of his predecessor in office. The facts -of the case are more fully stated in the opinion -of this Court. The judgment of the Court below, ( Nelson, J.,} was for the State, and the…
1Opinion of the CourtBartol, J.
The question for 'decision in this case, arises upon an agreed, statement of facts, which shows that the appellant was appointed assistant flour inspector in Baltimore city, {vice S. D. Walker, deceased,) on the 31st day of July, 1863; that he qualified and entered on the discharge of his duties on the 17th day of August, 1863; that between that day and the 1st day of May, 1864, he received from the fees of his office the sum of $2,791.62; and that he has paid no part of that sum into the treasury.
The object of the suit is to recover the excess received by *502the appellant, beyond the rate of…
2Cases cited4 opinions
- United States v. DicksonSupreme Court of the United States · 1841
- Manly v. StateCourt of Appeals of Maryland · 1854
- State v. MaceCourt of Appeals of Maryland · 1853
- Wentworth v. United StatesU.S. Circuit Court for the District of Massachusetts · 1843
3Cited by2 opinions
- Neal v. RathellCourt of Appeals of Maryland · 1889
- Maryland Attorney General Opinion 98 OAG 098, Maryland Attorney General Reports2013