Harwood v. Marshall
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. This was an application made by the appellee, on the 11th of April 1856, for a rule to be laid upon the appellant to show cause why a mandamus should not issue commanding him to surrender to the petitioner the office of State Librarian. This is the third application made by the same party for the same office, the two former being reported in 5 Md. Rep., 423, and 7 Md.
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Appeal from the Circuit Court for Anne Arundel county. This was an application made by the appellee, on the 11th of April 1856, for a rule to be laid upon the appellant to show cause why a mandamus should not issue commanding him to surrender to the petitioner the office of State Librarian. This is the third application made by the same party for the same office, the two former being reported in 5 Md. Rep., 423, and 7 Md. Rep., 466. The facts as to the election of the parties to the office are sufficiently stated in the former cases. This court, in the last case, decided that the bond of the…
1Opinion of the CourtTuck, J.
Four prominent questions arise on the present appeal: — ■ First, whether the writ of mandamus is the appropriate remedy? Second, whether the appellee has shown a right to he admitted to the office of Librarian? Third, whether the order appealed from is for an alternative or peremptory mandamus$ and Fourth, whether, in case of a reversal, a procedendo can be issued?
1st. As to the remedy. By the act of 1806, ch. 90, sec. 9, the county courts were clothed with the powers of the general court in cases of mandamus. As the circuit courts have the jurisdiction of the county courts, their powers, in…
2Cases cited17 opinions
- State v. BuchananCourt of Appeals of Maryland · 1821
- Regents of the University of Maryland v. WilliamsCourt of Appeals of Maryland · 1838
- Cochrane v. StateCourt of Appeals of Maryland · 1854
- HighMichigan Supreme Court · 1847
- Marshall v. HarwoodCourt of Appeals of Maryland · 1853
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3Cited by26 opinions
- Hecht v. CrookCourt of Appeals of Maryland · 1945
- In Re Petition for Writ of ProhibitionCourt of Appeals of Maryland · 1988
- Tennessee & Coosa Railroad v. MooreSupreme Court of Alabama · 1860
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
- Campbell v. HuntArizona Supreme Court · 1917
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