Evening capital. (Annapolis, Md.) 1884-1910, 1903-12-03
COURT Of APPEALS.
Important Decisions Han d c d
Down Today BY The
Judges.

me Court OF Appeals today deliver
ed the first opinions in cases argued
during the present term. They were:
BY Judge Jones-John K. Travers,
against VIM, II. Dean, appealed from
the Circuit Court for Dorchester coun-
ty. BY this decision the powers yes
ted in the Circuit Courts for the diff
ferent counties to exercise summary
jurisdiction in case of claims to oyster
grounds under Section 46 of Article
~, of the Code of Public General
Laws is very much limited.
Under that act power is given to
the different judges TO vacate such
claims under q special and summary
proceeding where it is shown that the
claims consist of natural oyster bed or
rock, wherathe claimant is not a resi-
dent or property over of the adjacent
county and other matters The Court
of Appeals holds that this special jur-
isdiction was cofined to the one ques-
tion of whether or not the claim was
for natural oyster bed and that the
order passed in the case in the lower
court must be reversed because it ex-
ceeded the jurisdiction.
BY Judge Pearce-The State of Ma
ryland against the Maryland Agricul-
tural and Mechanical Association, ap-
pealed from the Circuit Court for Bal
timore County. In this case the Court
of Appeals affirms the lower court in
granting a demurrer and dismissing a
bill filed by the State for the sale of
the well known Pimlico Fair grounds
and racing track outside of Balti-
more city.
BY Chief Jusdge McShery-Arthur
r. Mcclellan, against James w. Ma
rine. The Court of Appeals upholds
the Superior Court of Baltimore City
In granting a writ of mandamus
sought by the appellee TO oust Mr..
Mcclellan from the position of Com
missioner for openig streets in Balti-
mobre city. Mr.. Mcclellan was ap-
pointed by Mayor Hayes for second
term to continue three years from
March 1, 1908, but ON July %, 1903,
Mayor McLane summarily removed
him and appointed Mr.. Marine. The
Court holds that the power of abso-
lutte removal is plainly lodged in the
| Mayor when exercised within six
months of the beginning of the term
of the officer removed.
BY Chief Judge McSherry. J. Nelson
Ricards against Nollie +. Ricards, ap-
pealed from the Circuit Court for Kent
ounty. On December 18th. 1902, which
was Sunday, Dr. Harry N Ricards. hus-
band of the appellee, traded horse to
the appellant and two days later Mrs
Rieards instituted replevin TO recover it.
The agency Of the husband was proved
but the contract was sought to be avoid
ed on the ground that the contract being
executed on Sunday it was illegal. The
Court of Appeals denied this contention
and holds a distinction between execu
tory contracts made on Sunday which
cannot be enforced executed contracts
as is this case. where the party being
equally guilty cannot escape the conse-
quence of her own act by pleading the
| illegality OF the contract.
BY Judge Fowler. J. Everett Dean
against the State Of Maryland. appealed
from the Circuit Court for Dorchester
County. The Court Of Appeals refused
to change the judgment Of the lower
Court which convicted the appellant of
having in his possession a greater pro-
portion Of small oysters than the law
allows. II further held that there was no
merit in either of the contentious of the
appellant, the first being that only pro
portion of his whole cargo was measured
by the officer srresting him. and second,
that the verdict was vague and uncer-
tain.
BY Judge Schumacher. The County
Commissioners of Kent County against
Albert Goodwin. appealed from the Cir
cult Court for Kent County. The Court
OF Appeals reversed the judgment of the
lower Court in granting the appelle a
verdict of damages on account Of an in
jury to his land caused by the repairing
Of an adjacent road in such manner as
to prevent the natural flow Of surface
drainage from his land.