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CASE v. COMPTROLLER OF THE STATE OF MARYLAND

[No. 155, September Term, 1958.]

219 Md. 282 (1959)

149 A.2d 6

CASE, INDIVIDUALLY, AND TRADING AS W.B. CASE BOX LUNCH COMPANY v. COMPTROLLER OF THE STATE OF MARYLAND

Court of Appeals of Maryland.

Decided March 16, 1959.

Attorney(s) appearing for the Case

A. Adgate Duer and Robert C. Prem, with whom were Niles, Barton, Yost & Dankmeyer on the brief, for appellants.

Joseph S. Kaufman, Assistant Attorney General, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and KEATING, Associate Judge of the Second Judicial Circuit, specially assigned.

PRESCOTT, J., delivered the opinion of the Court.

The appellant filed a bill of complaint in the Circuit Court of Baltimore City for a declaratory judgment to have the court determine that its driver-salesmen are not hawkers and peddlers within the meaning of Code (1957), Article 56, Section 21. The appellee filed a combined demurrer and answer to the bill of complaint. Testimony was heard by the chancellor, who delivered an oral opinion at the conclusion thereof...

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