Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 131

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 131

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...done, limit or confine the assessment to such benefits as the jury might find directly accrued to the appellant f1'0111 "the condemning and opening of Linwood avenue," as authorized by ordinance. In the form in which these prayers were granted, and in view of the evidence upon the question 'Of grading, they were likely to, and no doubt did, result ill 1"' jury to the appellant., The City relies upon the Act of 1914, Chapter 195: t support its right to assess benefits for grading, but the 8J15'l'el to this is twofold: first, the Commissioners for Ollenmg Streets had no power to grade Linwood avenue in the flbsem of an ordinance authorizing them to do so; and $""'u-1!' that Act was not intended to apply to a situation and cfmd" tion such as we have in this case. This, we think, is Bvldent by the plain terms of the Act. It follows from the Views we have expressed that the rulings of the Court helw n the City's second, sixth and seventh prayers must be reversed' Rulings reversed, with costs to the aPI'ewm1' and case remanded for a new i"l'@l TETZEN LUND. Set off: plea 0f--; defendants' right to dismiss. Under the Code, sec. 193 of Art. 75, the plaintifi's right to dismiss is limited to a time before the argument upon the facts is begun before the jury, or the Court sitting as a jury. p. 338 The same right, with practically the same limitations, is acQorded the def But if the plaintiff properly exercises his right of dismissal, the defendant will not be allowed to proceed with the trial of his claim of set off. p. 389 Decided November 1./, th, 1917. Appeal from the Superior Court of Baltimore City. (DOBLr.1z, J_) The facts are stated in the more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236759559
  • 9781236759559