clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 173   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 5] APPEALS FROM COUNTY COMMISSIONERS. 173

An appeal under this section will not be dismissed because the appellant
shows no interest. Patterson v. Gelston, 23 Md. 446 (overruling Gittings v.
Moale, 21 Md. 135, on this point).

Cited but not construed in Dorothy v. Hillert, 9 Md. 574.

As to the "Land Office," see art. 54.

1904, art. 83. 1888, art. 5. sec. 80. 1860. art. 5. see. 47. 1852. ch. 361. sec. 2.
Rule 14. 1004. ch. 143.

83. All appeals allowed from the judgments or orders of the Com-
missioner of the Land Office shall be taken within two months from the
date of the judgment or order appealed from, the party appealing filing
at the time of such appeal the ground or reason therefor, and thereupon
it shall be the duty of the said commissioner to make out, under his
hand and the seal of his office, and transmit to the court of appeals, a
transcript of the record of proceedings in such case, within sixty days
from the time of the appeal taken; but in such transcript no paper or
proceeding not necessary to the determination of the appeal shall be
incorporated.

Cited but not construed in Patterson v. Gelston. 23 Md. 444.

See sections 6, 32, 33 and 62 and notes.

As to the "Land Office," see art. 54.

Appeals from County Commissioners.

Ibid. sec. 84. 1888, art. 5, sec. 81. 1860, art. 5, sec. 48. 1876. ch. 193.

1900, ch 494.

84. Any person a party to the proceedings feeling himself aggrieved
by any decision or order of the county commissioners, or any taxpayer
not a party to the proceedings, may appeal to the circuit court for the
county at any time within sixty days after the time of the making of
such decision or order, and upon such appeal being taken in writing, the
clerk of the county commissioners shall immediately transmit a copy
of the proceedings to said circuit court; and if upon an appeal taken
by a taxpayer not a party to the proceedings the appeal is not sustained,
the appealing taxpayer shall pay the costs of such appeal unless the
court shall otherwise direct, and all appeals from decisions of the county
commissioners shall be docketed against the party or petitioner in whose
favor the decision below was made.

There is no appeal from the action of the circuit court to the court of
appeals, provided the circuit court had jurisdiction. Cumberland, etc., Co.
v. Martin, 100 Md. 166; Gadd v. Melvin, 82 Md. 646; Smith v. Goldsborough,
80 Md. 62; Greenland v. Harford County, 68 Md. 62.

There can be no appeal under this section from an order of the county
commissioners removing a road supervisor; his remedy is by mandamus.
History of this section. Miles v. Stevenson, 80 Md. 366. And see Hooper
v. Craeger, 84 Md. 250.

This section does not defeat the right of a party to compel county com-
missioners, by mandamus, to levy a tax imposed by law for his benefit.
Worcester County v. School Commrs., 113 Md. 313.

Cited but not construed in Smith v. Goldsborough. 80 Md. 62.

See notes to sec. 85.

As to appeals from assessments for taxation, see art. 81, sections 18 and 19.

As to the "County Commissioners," see art. 25.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 173   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives