Mayor and City Council of Baltimore, et al v. Charles Howard, et al
20 Md 335
CASE SUMMARY
PROCEDURAL POSTURE: Complainants, the mayor, city council, and newly appointed board of police commissioners, sought review of an order from the Circuit Court for Baltimore
City (Maryland), which refused to grant an injunction to prevent defendants, the former board of police commissioners, from disbursing any funds from an account with defendant bank
and to require the bank to turn over the funds to complainants.
OVERVIEW: The former board of police commissioners was suspended by the federal government and practically discharged. The police force that had been established was
disbanded, and an entirely new and distinct police force established by the authority of the federal government. 1862 Md. Laws 131 created a new board of police commissioners, who
along with the mayor and city council members brought an action against the former board of police commissioners to obtain an injunction to prevent them from using or disbursing any
part of a fund that belonged to the former board. The trial court refused to grant an injunction, holding that the new board of police was appointed by an act of the Maryland Legislature
and that there was no provision in the act creating the new board giving it title to property belonging to the former board. The trial court further held that because the funds were raised
under an act that had been repealed and the new act made no provision for such funds, they did not become property of the new board. The court affirmed the judgment of the trial
court,
concurring in the view taken by the trial judge and for the reasons assigned in the opinion delivered by him.
OUTCOME: The court affirmed the order.
Appellate Court Records:
COURT OF APPEALS (Docket) Mayor and
City Council of Baltimore, et al v. Charles Howard, et al, 1863, June Term, no. 46, p. 66 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Mayor and
City Council of Baltimore, et al v. Charles Howard, et al, 1863, June Term, no. 46 [MSA S393-18, 1/65/12/60].
COURT OF APPEALS (Briefs) Mayor and
City Council of Baltimore, et al v. Charles Howard, et al, 1863, June Term, no. 46 [MSA 375-34, 1/64/12/5].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Mayor and City Council of Baltimore, et al v. Charles Howard, et al, 1862, 5A, p. 24 [MS T55-5, 3/3/14/33].
BALTIMORE CITY CIRCUIT COURT
(Equity Papers A) Mayor and City Council of Baltimore, et al v. Charles Howard, et al, 1862, box no. 486 [MAS T53-521, 3/12/4/42].
Other court cases:
BALTIMORE CITY CIRCUIT COURT
(Equity Docket A) Samuel Hinds, Nicholas L. Woods, John Lee Chapman v. Charles Howard, William H. Gatchell, Charles D. Hinks,
John Davis, Farmers & Planters Bank, 1862, 5A, p. 44 [MS T55-5, 3/3/14/33].
No papers located.
BALTIMORE CITY SUPERIOR COURT (Cases Instituted) Mayor and City Council of Baltimore v. Charles Howard, William H. Gatchell, Charles D. Hinks, John Davis, 1860,
p. 39, "Box R no. 19" [MSA C1497-10, 2/16/10/68].
BALTIMORE CITY SUPERIOR COURT
(Civil Court Papers) Mayor and City Council of Baltimore v. Charles Howard, William H. Gatchell, Charles D. Hinks, John Davis,
1860, "Box R no. 19," box 18 [MSA T591-65, 2/19/8/27].
See also Baltimore v. State of Maryland, 15 Md 386.
|
