|
\ ;
hundred and thirty, come again into the court of appeals here, as well th»
said mayor and city council of Baltimore, by John Scott and Roger B.1
Taney, their attorneys, as also the said John Barron, survivor as aforesaid,'
by Charles F. Mayer and David Hoffman, his attorneys; whereupon, as
well the record and proceedings aforesaid, and the judgment given in form*
aforesaid, as the matters aforesaid by the said mayor and city council of.
Baltimore above for error assigned being seen, and by the court of appeals
here fully understood, and mature deliberation thereupon had, for that it
appears to the court of appeals here, that in the record and proceedings
aforesaid, and also in the rendition of the judgment aforesaid, it is manifest-
ly erred: therefore, it is considered by the court here, that the judgment
' aforesaid for those errors, and others in the record and proceedings aforesaid,
be reversed, annulled, and held entirely as voiu; and that the said mayor
and city council of Baltimore be restored to all things which, by reason of
the judgment aforesaid, they have lost; and that the said mayor and city •;
council aforesaid go thereof, without day, and so forth. It is also consider--'
ed by the court here, that the said mayor and city council aforesaid re- '
cover against the said John Barron, survivor as aforesaid, the sum of three '
hundred and seventy-four dollars eighty-eight and one-third cents, adjudged
unto the said mayor and city council aforesaid for his cosis and charges by
him sustained about the prosecution of his said appeal of and upon the pre-
mises as aforesaid prosecuted; and that the said mayor and city council afore-
said have thereof execution, and so forth.
Test: JOHN JOHNSON, Clk.
Afterwards, to wit, on the twenty-second day of June, in the year of our
Lord one thousand eight hundred and thirty-one, the aforesaid John Bar-
ron, survivor as aforesaid, by his attorneys aforesaid, produced to the court
of appeals here the writ of the United States for the correcting of errors of
and upon the premises, commanding the record and proceedings of the judg-
ment last aforesaid, so as aforesaid rendered, with all things concerning the
same, to be transmitted to-the Supreme Court of the United States; which
said writ of error follows in these words, to wit:
UNITED STATES OP AMERICA, ss.— The President of the United States
to the honorable the judges of the court of appeals for the western ,
shore of the State of Maryland, greeting:
Because in the record and proceedings, as also in the rendition of the
judgment of a plea which is in the said court of appeals for the western
shore of the State of Maryland, being the highest court of law or equity of
the said State in which a decision in the suit could be had, before you or
some of you, between the mayor and city council of Baltimore, appellants, !1
and John Barron, appellee, on appeal from a judgment of the county courtJ
of Baltimore county, wherein was drawn in question the validity of an'J
authority exercised under the State of Maryland, on the ground of its ^,1
ing repugnant to the Constitution of the United States, and the decision °^
the said court of appeals was in favor of such its validity, a manifest error,>l
hath happened, to the great damage of the said John Barron, as by his com-gj
plaint appears; we, being willing that error, if any hath been, should be ys
duly corrected, and full and speedy justice done to the parties aforesaid in 4
this behalf, do command you, if judgment be therein given, that then,
31
der V<>ur sea^' distinctly and openly, you send the record and proceedings
f resaid with all things concerning the same, to-the Supreme Court of the
United States, together with this writ, so that you have the same at Wash-
ington on the first Monday of August next, in the said Supreme Court, to
be then and there held, that the record and proceedings aforesaid being in-
spected, the said Supreme Court may cause further to be done therein to
correct that error, what of right and according to the laws and custom of
the United States should be done.
Witness the honorable John Marshall, Chief Justice of the said Supreme
Court, the second Monday in January, in the year of our Lord one thou-
sand eight hundred and thirty-one.
WM. THOS. CARROLL, [L. s.]
Clerk of the Supreme Court of the United States.
Allowed by
JOHN BUCHANAN,
• Chief Judge of the Court of Appeals.
In pursuance whereof, and according to the form and effect of the act of
.Congress of the United States in such case made and provided, a transcript
of the record and proceedings of the judgment last aforesaid, so as aforesaid
rendered, with all things concerning the same, together with the said writ
. of error, are hereby transmitted to the said Supreme Court of the United
States accordingly.
Test: . JOHN JOHNSON, Clk.
. MARYLAND, set.
I hereby certify that the foregoing is a full and true copy taken from the
records and proceedings of the court of appeals for the western shore of
.Slid State.
|| In testimony whereof, I hereunto subscribe my name, and affix the seal
i*vof the said court of appeals, this first day of July, in the year of our Lord
one thousand eight hundred and thirty-one.
JOHN JOHNSON, [L. ».]
Clerk Court of Appeals W. S. S. M»
|
