Folmar v. Curtis
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by J. J. Curtis against R. H. Folmar, to recover a hog; and was commenced before a justice of the peace, on the 13th April, 1888. The case was removed into the Circuit Court by certiorari, and there submitted to the decision of the court without a jury.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by J. J. Curtis against R. H. Folmar, to recover a hog; and was commenced before a justice of the peace, on the 13th April, 1888. The case was removed into the Circuit Court by certiorari, and there submitted to the decision of the court without a jury. It was admitted that the hog had belonged to the plaintiff, and was still his property, unless the defendant had acquired a title by purchase at a sale made by the town marshal, after the animal had been taken up in the streets of Troy and…
1Opinion of the CourtClopton, J.
It is admitted that appellee, who brought the action, is not entitled to recover the hogs sued for, if the ordinance of the city of Troy, under which they were taken up, impounded and sold, is valid, and is applicable to stock running at large within the corporate limits, belonging to persons residing outside. It is conceded, that the charter gives the municipal authorities power to adopt the ordinance. It confers not only general authority to declare, prevent and remove nuisances, but also expre-v: power “to prevent stock of any kind from running at large in the public streets and alleys.”…
2Cases cited6 opinions
- Dunn v. Court of County RevenuesSupreme Court of Alabama · 1887
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Gosselink v. CampbellSupreme Court of Iowa · 1856
- Spitler v. YoungSupreme Court of Missouri · 1876
- Wilcox v. HemmingWisconsin Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Morris v. City of ColumbusSupreme Court of Georgia · 1898
- Jones v. HinesSupreme Court of Alabama · 1908
- Morgan v. City of LakelandSupreme Court of Florida · 1925
3 more not listed; retrieve them via the Exa API.