Legal Opinion

Webster v. Town of Harwinton

Supreme Court of Connecticut

Decided April 15, 1864PublishedCited by 27 opinions

Petition for an injunction. The petition alleged that the petitioner was the owner of property, real and personal, and liable to the payment of taxes in the town of Harwinton; that at a special meeting of the town, held on the 22d of August, 1863, for the purpose of appropriating money from the treasury of the town, to aid such persons as might be drafted from the town by authority of the United States, under an act of Congress approved March 3d, 1863, entitled “ an act for…

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Petition for an injunction. The petition alleged that the petitioner was the owner of property, real and personal, and liable to the payment of taxes in the town of Harwinton; that at a special meeting of the town, held on the 22d of August, 1863, for the purpose of appropriating money from the treasury of the town, to aid such persons as might be drafted from the town by authority of the United States, under an act of Congress approved March 3d, 1863, entitled “ an act for enrolling and calling out the national forces and for other purposes,” it was voted by the town as follows:— “ To pay…

1Opinion of the CourtButler, J.

The argument of the plaintiffs in error on the first point in this case assumes that the towns of this state have inherent powers of legislation and taxation, other than those expressly granted to them or necessary to the performance of their duties as territorial and municipal corporations, and among them the power of legislation and taxation in aid of the national government in times of public peril. The authorities cited are with one exception historians, and certainly the towns have been liberally, and, if regarded as subordinate and auxiliary instrumentalities, deservedly praised by…

2Cases cited3 opinions

  1. City of New London v. BrainardSupreme Court of Connecticut · 1852
  2. Hayden v. NoyesSupreme Court of Connecticut · 1824
  3. Hitchcock v. Town of LitchfieldConnecticut Superior Court · 1790

3Cited by27 opinions

  1. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  2. State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
  3. Ex parte CorlissNorth Dakota Supreme Court · 1907
  4. Murphy v. IvesSupreme Court of Connecticut · 1963
  5. Dalley v. City of New HavenSupreme Court of Connecticut · 1891

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