City of New London v. Brainard
Supreme Court of Connecticut
This was a bill in equity, brought too the superior court for New London county, by Dyer T. Brainard and others, inhabitants of the city of New London, against said city and Robert Coit, their treasurer.
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This was a bill in equity, brought too the superior court for New London county, by Dyer T. Brainard and others, inhabitants of the city of New London, against said city and Robert Coit, their treasurer. The plaintiffs alleged, substantially, that they were in habitants of said city, and entitled to vote in the legal meetings of the same ; that they had been for many years the owners of real estate, situate within the limits of said city, liable to such taxes as may be legally imposed by said city, and that they had heretofore been assessed and taxed for such property; that, at a city…
1Opinion of the CourtStores, J.
1. It is well established, that corporations have only such rights and powers as are expressly granted to them, or as are necessary to carry into effect the rights and powers so granted.
It was accordingly held, in Stetson v. Kempton, 13 Mass. R., 272, where this principle is very fully vindicated and explained, that towns have no authority, in their corporate capacity, in time of war, or danger of hostile invasion, to vote money, and cause it to be assessed upon the inhabitants, for the purpose of raising money to give additional wages to the militia, or for the purposes of defence, in cases…
2Cases cited2 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Hodges v. City of BuffaloNew York Supreme Court · 1846
3Cited by32 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
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