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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 133   View pdf image
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SALMON v. CLAGETT.—3 BLAISD. 133

and to the personal estate of which the said William Clagett died
possessed, consisting of certain negioes, horses and cattle, which

the State Board of Education is comprehensive enough to deal with the
questions in controversy equity declines all interference Ibid

On a bill to stay County Com rb from collecting taxes from complainant
under the county levy on the ground that the Com rs had not caused all
property of eveiy description liable to taxation to be assessed, as required
by statute, the injunction was refused, the Court holding 1 That in the
execution of the revenue laws the Constitution and laws have provided for
the selection of certain public officers charged with the duty of assessing
and collecting the public taxes and if any errors, omiss.ons or irregularities
occur in the discharge of their duties such errors may be collected by the
means which the tax laws afford 3 lax assessments ought not to be
vacated and property liable to taxation released altogethei, because the
public officers have not strictly followed the provisions of the law which
are merely directory 3 Equity will not interfere for such cause to relieve
a party from the payment of taxes assessed by the proper authority Stod
dert v Ward 31 Md 563

Where a matter is within the control of the M & C C , in the absence of
the requirement of any legislative formality it is competent for them to
sanction a contract without a previous ordinance prescribing the formalities,
and this power ought not to be interfeied with Bolt v Weatherby 52 Md
451

Application for injunction to restrain the city from constiucting a wharf
at the end of a street refused McMurray v Bait 54 Md 103 To prevent
certain parties from acting as School Com'rs and the Comptioller from pay-
ing to them the moneys due for school purposes, refused Jones v Keating,
55 Md 143 To restrain County Com rs from levying on complainant s prop
erty to satisfy a claim for certain taxes refused Com 1 s \ Franklin Co 45
Md 470 To restiain a city from issuing bonds to construct a bridge, on the
ground that the sanction of the voters had riot previously been obtained as
requned by charter granted Cumberland v Magruder 34 Md 384 To
restiain execution of an ordinance in aid of the W M R R , on the ground
that said ordinance was void because not submitted to the voters granted
Bolt v Gill, 31 Md 375 To restrain road supervisors and County Com rs
from constructing a road under a repealed law granted Wade v. St Manfs
School, 43 Md 178

XI INJUNCTIONS IN AFFAIRS OF PRIVATE CORPORATIONS Where a bill
charged that transfers of stock of a corporation had been colorably made,
for the purpose of fraudulently controlling an election to certain persons,

as appears from a list of the stockholders furnished by the President,
one of the defendants, and prayed for an injunction against the voting of
said stock it was held, 1 That injunction was the appropriate remedy 2
That the list was in no way material and need not be filed as an exhibit to
the bill Webb v Ridgely, 38 Md 364 Where the methods of voting &c
adopted by certain stockholders aie in violation of the charter equity will
interfere by injunction Campbell v Poultney, 6 G & J 94

It is the duty of the Court to prevent the diversion of the assets of a cor-
poration to purposes inconsistent with the objects of the charter but in
such case, to entitle a party to an injunction, the bill and exhibits ought to
present a clear claim for relief Shoemaker v Bank 31 Md 399 Directors

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 133   View pdf image
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