Sorry folks, but I could not fit the message with the attachment on the listserv. Between 1844 and 1858, there were 470 cases involving the term Baltimore city. Following are the first twenty cases having to do with Baltimore City: Case: WALTER vs. ALEXANDER, 2 Gill 204 (1844) Court of Appeals Judge: DORSEY Lower Court Judge: MAGRUDER and PURVIANCE Attorney: RICHARDSON and R. JOHNSON for the appellants Attorney: MEREDITH and MAYER for the appellees Time Period: 1841-1844 Subject Matter: This was an action of ejectment concerning a lot at the intersection of South and Water streets. Case: SEIDENSTRICKER vs. STATE, 2 Gill 374 (1844). Court of Appeals Judge: CHAMBERS Lower Court Judge: (No prior history) Attorney: T. P. SCOTT and MARSHALL for the appellants Attorney: STEELE, D. A. G., for the State Time Period: 1944 Subject Matter: This was an action of assumpsit by the State against the appellant, as collector of State taxes for the city of Baltimore, for money collected. The defendant pleaded non assumpsit. The plaintiff kept tax money collected by him claiming that he looked to the State for his commissions as collector and had a right to retain some for his commissions. Case: ELIZABETH CASEY'S LESSEE vs. INLOES, 1 Gill 430 (1844). Court of Appeals Judge: DORSEY Lower Court Judge: N/A Attorney: MAYER and DULANY for the appellants Attorney: GILES and MCMAHON for the appellees Time Period: 1841-1844 Subject Matter: This was an action of ejectment for land on Fell's Point, bordered by Alice Anna street, Caroline street, Spring street, (formerly Petticoat alley,) and the water of the dock commonly called the City Dock. Case: BALTIMORE vs. WHITE, 2 Gill 444 (1845). Court of Appeals Judge: DORSEY Lower Court Judge: N/A Attorney: PRESTMAN, NELSON and MCMAHON for the appellants Attorney: GLENN and REVERDY JOHNSON for the appellee Time Period: 1840-1845 Subject Matter: This was an action of assumpsit or money received by the appellee, for the use of the appellants. Resolution of the case involved determining whether Oliver's wharf in Baltimore City was a public wharf. Case: BALTIMORE vs. R. OLIVER'S EXECUTORS, 3 Gill 445 (1845). Court of Appeals Judge: PER CURIAM Lower Court Judge: MAGRUDER, A. J. Attorney: CAMPBELL for the appellant Attorney: GLENN for the appellee Time Period: 1841-1845 Subject Matter: The executors of Robert Oliver filed a bill to enforce a vendor's lien, for unpaid purchase money of land sold, and obtained a decree for a sale by a trustee. The collector of the city of Baltimore, filed a bill for taxes due on the land and the trustee was then ordered to pay the taxes claimed. Case: ALLENDER vs. TRINITY CHURCH, 3 Gill 166 (1845). Court of Appeals Judge: DORSEY Lower Court Judge: MAGRUDER, A. J. Attorney: GLENN and REVERDY JOHNSON for the appellants Attorney: ADDISON and DULANY for the appellees Time Period: 1837-1845 Subject Matter: The bill in this cause was filed by creditors of the Trinity church in Baltimore. Case: DUGAN v. GITTINGS, 3 Gill 138 (1845). Court of Appeals Judge: MARTIN Lower Court Judge: R. B. MAGRUDER, A. J. Attorney: JOHN NELSON and REVERDY JOHNSON for the appellants Attorney: MCMAHON and GLENN for the appellees Time Period: 1841-1845 Subject Matter: A father gave his daughter a house located in Baltimore as a marriage gift. When th daughter died, she left the property to her grandchildren, but her father attempted to have the house conveyed back to him. The court found that the house was a gift to the daughter and that she owned it in fee, and could devise it anyway she wanted. Case: BALTIMORE vs. LEFFERMAN, 4 Gill 425 (1846). Court of Appeals Judge: MARTIN Lower Court Judge: PURVIANCE, A. J. Attorney: PRESSTMAN and NELSON, for the appellants Attorney: DAVID STEWART, for the appellee Time Period: 1844-1846 Subject Matter: This was an action of assumpsit to recover an account of money paid for the construction of a wall on Jones Falls required by an ordinance of Baltimore City. The ordinance was found invalid but because Lefferman paid for the wall voluntarily, even if only because of his ignorance of the law, he could not recover for it. Case: DOLAN vs. BALTIMORE, 4 Gill 394 (1846). Court of Appeals Judge: DORSEY Lower Court Judge: PURVIANCE and LE GRAND, A. J. Attorney: T. P. SCOTT and MILES, for the appellants Attorney: G. M. GILL and PRESSTMAN Time Period: 1946 Subject Matter: The Reverend James Dolan alleged that William Fell conveyed a square of ground in Baltimore City as a cemetery for St. Patrick’s church on Fells Point. When a bordering road was paved and the church did not pay an assessment for the paving, the paving company threatened to satisfy the assessment by selling the cemetery. Case: JACOB SMITH, et al vs. JACOB ERB, et al, 4 Gill 437 (1846). Court of Appeals Judge: MAGRUDER Lower Court Judge: PURVIANCE and LE GRAND, A. J. Attorney: SCHLEY, MAYER and R. JOHNSON for the appellants Attorney: MCMAHON, MEREDITH, and RICHARDSON, Atty. Gen. of Md., for the appellees Time Period: 1845-1846 Subject Matter: The charter of the German Evangelical Reformed Church in the City of Baltimore required notice to be given before trustee election. In 1842, a difference arising in the congregation caused two sets of officers to be elected. He court held that only those trustees elected using the proper method could claim election via a valid election, in conformity to the charter. Case: POE vs. THE PROFESSORS OF ST. MARY'S COLLEGE, 4 Gill 499 (1846). Court of Appeals Judge: MAGRUDER Lower Court Judge: Attorney: N/A Attorney: N/A Time Period: 1843-1846 Subject Matter: By the regulations of a college, students from more than 500 miles away from Baltimore were required to give security for tuition. A creditor attempted to garnish the security of two St. Mary’s students and the court held it could not. Case: SCHWENNISKI vs. WATSON, 4 Gill 23 (1846). Court of Appeals Judge: MAGRUDER Lower Court Judge: BLAND Attorney: HORSEY for the appellants Attorney: GLENN for the appellee Time Period: 1845-1846 Subject Matter: A man died intestate, possessed of a building and business on Pratt Street, and the widow administered on his estate. She became indebted, mortgaged said property to pay her husband's debts, and applied for relief under insolvency laws. Case: GORDON vs. BALTIMORE, 5 Gill 231 (1847). Court of Appeals Judge: MARTIN Lower Court Judge: N/A Attorney: DULANY and MEREDITH for the appellant Attorney: PRESSTMAN and MCMAHON for the appellee Time Period: 1845-1847 Subject Matter: Samuel Gordon failed to pay tax on shares of stock held by him in the said Union Bank of Maryland. When forced to pay, Gordon challenged the assessment, but died before resolution of this decision. This case was continued by his executor. Case: MORRIS vs. BALTIMORE, 5 Gill 244 (1847). Court of Appeals Judge: MARTIN Lower Court Judge: Attorney: DULANY and MEREDITH for the appellant Attorney: PRESSTMAN and MCMAHON for the appellees Time Period: Subject Matter: A Baltimorian was a stockholder in several banks there and voluntarily paid a tax upon the stocks of said banks for the use of the city. Afterwards, considering said taxes illegally levied, the taxpayer demanded the return of the money paid by him, which the city refused. Because the payment was voluntarily made, it could not be recovered. Case: ALEXANDER vs. BALTIMORE, 5 Gill 383 (1847). Court of Appeals Judge: MARTIN Lower Court Judge: JOHNSON Attorney: MAYER for the appellants Attorney: B. C. PRESSTMAN for the appellees Time Period: 1847 Subject Matter: Two Baltimore citizens challenged legislation giving Baltimore the authority to extend Fayette street was unconstitutional. The court ruled that counsel had not succeeded in establishing a want of power in the legislature to pass this act. Case: LARRABEE vs. TALBOTT, 5 Gill 426 (1847). Court of Appeals Judge: MARTIN Lower Court Judge: N/A Attorney: WM. H. NORRIS and REVERDY JOHNSON for the appellant Attorney: TALBOTT and DOBBIN for the appellee Time Period: 1842-1847 Subject Matter: A New York resident, sold and delivered goods in that city to a Maryland resident, for which the latter gave a note. The Maryland resident was insolvent however, which fact was known to New York resident. The New Yorker applied for relief under the insolvent laws of Maryland to recover the value of the merchandise and notes. Case: BAYNARD vs. NORRIS, 5 Gill 468 (1847). Court of Appeals Judge: DORSEY Lower Court Judge: LEGRAND Attorney: MCCULLOH and MCMAHON for the appellants Attorney: J. J. LLOYD for the appellees Time Period: 1846-1847 Subject Matter: Estate dispute concerning a dwelling-house and warehouse in the city of Baltimore; the lot of ground south of Baltimore street, between Paca and Green streets, and extending to German street - the lot of ground and premises purchased of Samuel Chase. Case: WILSON vs. INLOES Court of Appeals Judge: DORSEY Lower Court Judge: ARCHER & LE GRAND Attorney: MAYER and DULANY for the appellants Attorney: W. F. GILES, MCMAHON and REVERDY JOHNSON for the appellees Time Period: 1840 Subject Matter: This was an action of ejectment for property on Fell's Point, in the City of Baltimore bounded by Wilks and Eden streets and the water. Case: COHEN v. WAGNER, 6 Gill 236 (1847). Court of Appeals Judge: DORSEY Lower Court Judge: BLAND Attorney: W. SCHLEY and NELSON for the appellant Attorney: REVERDY JOHNSON and MCMAHON for the appellee Time Period: 1847 Subject Matter: Challenge to the judicial sale of the Holliday Theater on the basis that an interested purchaser was mislead as to the lower limit acceptable for purchase. Case: IRWIN v. SPRIGG, 6 Gill 200 (1847). Court of Appeals Judge: MARTIN Lower Court Judge: PURVIANCE and LE GRAND Attorney: LLOYD for the appellant Attorney: NELSON for the appellee Time Period: 1844-1847 Subject Matter: This action was brought against the owner of a certain house off Perry Street in Baltimore. In that street there was an area before a basement window of the house without any fence or railing and the plaintiff was injured after falling into it. Case: METHODIST PROTESTANT CHURCH vs. BALTIMORE, 6 Gill 391 (1848). Court of Appeals Judge: DORSEY Lower Court Judge: JOHNSON Attorney: T. P. SCOTT for the appellant Attorney: CAMPBELL and WILSON for the appellee Time Period: 1847-1848 Subject Matter: The Church owns land on the corner of Pitt and Aisquith streets and challenged Baltimore’s decision to open and widen "Little Aisquith street.” Furthermore, the church sought an injunction against Baltimore from proceeding to collect a tax and assessment, which had been imposed upon their property by the widening of Little Aisquith street. Case: BALTIMORE vs. THE B & O RAILROAD, 6 Gill 288 (1848). Court of Appeals Judge: Lower Court Judge: PURVIANCE Attorney: B. C. PRESSTMAN for the appellants Attorney: JOHN H. B. LATROBE and REVERDY JOHNSON for the appellees Time Period: 1846-1848 Subject Matter: B&O was denied an exemption on real estate and Baltimore City bonds liable to tax and challenged the assessment. Case: MILLER vs. THE BOARD OF COMMISSIONERS OF PUBLIC SCHOOLS OF BALTIMORE, 8 Gill 128 (1849). Court of Appeals Judge: FRICK Lower Court Judge: N/A Attorney: T. P. SCOTT, for the appellants Attorney: WM. F. FRICK, for the appellees Time Period: 1949 Subject Matter: This case concerns whether a deceased bastard’s administrator was required to pay to the Board of Commissioners of Public Schools of the City of Baltimore the balance due the estate of said deceased under the state’s intestacy statutes. Case: WAHL v. SPENCE, 8 Gill 288 (1849). Court of Appeals Judge: DORSEY Lower Court Judge: JOHNSON Attorney: GEO. M. GILL, for the appellant Attorney: ALEXANDER and BARROLL, for the appellees Time Period: 1846-1849 Subject Matter: This dispute arose when a property owner executed a ground rent, and that ground rent passed through several hands in one year, causing the property owner not to be paid. Case: ANDERSON v. GARRETT, 9 Gill 120 (1850) Court of Appeals Judge: DORSEY Lower Court Judge: FRICK and LE GRAND Attorney: WM. H. G. DORSEY, for the appellant Attorney: NELSON and PRESSTMAN for the appellees Time Period: 1849-1850 Subject Matter: Rebecca Garrett came to Baltimore as a reputed a free woman, and always acted as such, making contracts, renting houses, hiring herself out and receiving her own wages. Isaac J. Anderson came to the house of petitioners at night and seized them, claiming he had merely permitted her to live with her husband, a free negro. This was a petition for freedom. Case: Field v. Insurance Co. of North America, 3 Md. 244 (1852) Court of Appeals Judge: LE GRAND Lower Court Judge: FRICK and PURVIANCE Attorney: Henry Winter Davis for the appellants Attorney: F. Mayer for the appellee Time Period: N/A Subject Matter: This was an action to enforce an insurance policy on merchandise on board the schooner Emory from Baltimore to Virginia that was ruined en route. The insurance company claimed the damage was due to the negligence of the captain. Case: WHITE v. FLANNIGAIN, 1 Md. 525 (1852) Court of Appeals Judge: LE GRAND Lower Court Judge: N/A Attorney: Campbell and Johnson for the appellant Attorney: Gill and Schley for the appellees Time Period: N/A Subject Matter: This case was filed against Flannigain who maintained fences running across the street, enclosing the greatest part of the bed of the said street, so that all passage along the said forty-five foot street, to and from the complainant's lot, and to and from his wharf, is thereby wholly prevented. Case: Baltimore v. Norman, 4 Md. 352 (1953) Court of Appeals Judge: MASON Lower Court Judge: FRICK and LE GRAND Attorney: Benjamin C. Presstman and John Nelson for the appellants Attorney: Richard T. Merrick for the appellee Time Period: 1850-1853 Subject Matter: This is an action by a minor against a guardian regarding stock in the Baltimore City. The minor claimed that the guardian illegally converted the stock for his own use. Case: STEUART v. WILLIAMS, 3 Md. 425 (1853) Court of Appeals Judge: LE GRAND Lower Court Judge: NESBITT Attorney: Grafton L. Dulany for the appellant Attorney: John H. B. Latrobe for the appellee Time Period: N/A Subject Matter: This was a petition for freedom, filed by the son of a slave bequeathed to the defendant. The will provided that should the slave’s children be sold, they should be sold only for a term of years and then should be emancipated. This case involves the admissibility of certain evidence regarding to the subject matter at hand. Other Cases of Personal Interest… Case: GRAHAM v. GAITHER, 140 Md. 330 (1922) Court of Appeals Judge: BOYD Lower Court Judge: DAWKINS Attorney: Isaac Lobe Straus, for the appellants Attorney: Alexander Armstrong, Attorney General, and Allan H. Fisher, Assistant Attorney General, for the appellee Time Period: 1921-1922 Subject Matter: Concerning the playing of professional baseball on the Sabbath. ===== James H. Lichty University of Maryland School of Law __________________________________________________ Get personalized email addresses from Yahoo! Mail - only $35 a year! http://personal.mail.yahoo.com/ --- You are currently subscribed to bb2001 as: edpapen@flash.net To unsubscribe send a blank email to leave-bb2001-8239M@law.umaryland.edu