Mayor and City Council of Baltimore v. County Commissioners of Baltimore County
19 Md 554
CASE SUMMARY
PROCEDURAL POSTURE: Appellants, the County Commissioners of Baltimore County, sought review of a judgment entered by the Superior Court of Baltimore City (Maryland),
which found in favor of appellees, the Mayor and City Council of Baltimore, in the County Commissioners' action to recover certain compensation they had paid to the State's Attorney
of
Baltimore County.
OVERVIEW: The County Commissioners paid compensation to the State's Attorney for services rendered in certain criminal cases that had been removed from the City's criminal
court to the Circuit Court for Baltimore County. The County Commissioners filed suit against the Mayor and City Council to collect those funds. The superior court gave the jury
instructions requested by the Mayor and City Council. The jury found in their favor. The superior court entered a judgment on the verdict. The County Commissioners appealed from that
judgment, which was reversed without procedendo. 1852 Md. Laws 315 allowed the judges of the Circuit Court, in criminal cases moved from the criminal court to the Circuit Court, to
award the State's Attorney compensation in addition to that allowed by law. The legislation also made the City responsible for the additional compensation. The court stated that the
provisions of 1852 Md. Laws 315 were too explicit to be impliedly repealed 1854 Md. Laws 269, which did not provide for the additional compensation. In that regard, 1852 Md.
Laws 315 applied only to the City and County of Baltimore, while the latter legislation operated throughout the state.
OUTCOME: The court reversed the superior court's judgment, without procedendo.
Appeallate Court Records:
COURT OF APPEALS (Docket) Mayor and
City Council of Baltimore v. County Commissioners of Baltimore County, 1862, December Term no. 16, p. 5 [MSA S412-8,
1/66/14/39].
COURT OF APPEALS (Opinions) Mayor and
City Council of Baltimore v. County Commissioners of Baltimore County, 1862, December Term no. 16 [MSA S393-18,
1/65/12/60].
COURT OF APPEALS (Judgments) Mayor
and City Council of Baltimore v. County Commissioners of Baltimore County, 1862, December Term no. 16 [MSA S381-189,
1/62/12/31].
COURT OF APPEALS (Briefs) Mayor and City Council of Baltimore v. County Commissioners of Baltimore County, 1862, December Term no. 16 [MSA S375-33, 1/64/12/4].
Trial Court Records:
BALTIMORE CITY SUPERIOR COURT
(Cases Instituted) County Commissioners of Baltimore County v. Mayor and City Council of Baltimore, 1858, p. 15, "Box R no. 17" [MSA C1497-8, 2/16/10/66].
BALTIMORE CITY SUPERIOR COURT
(Civil Court Papers) County Commissioners of Baltimore County v. Mayor and City Council of Baltimore, 1858, box no. 18, "Box R
no. 17" [MSA T591-65, 2/19/8/27].
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