Ward v. Corporation of Washington
U.S. Circuit Court for the District of District of Columbia
This was an appeal from the judgment of Robert Clarke, Esq. a justice of the peace for the county of Washington, who had rendered judgments in favor of the corporation upon five separate warrants, for the penalty of ten dollars in each ease, for using a brickkiln without license for five successive weeks.
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This was an appeal from the judgment of Robert Clarke, Esq. a justice of the peace for the county of Washington, who had rendered judgments in favor of the corporation upon five separate warrants, for the penalty of ten dollars in each ease, for using a brickkiln without license for five successive weeks. The warrants were all issued on the 9th of August, 1831. These penalties were claimed under the third section of the by-law of the 14th of August, 1819. contended that the corporation had no right to prevent a man from making bricks, unless in such a situation as to be a nuisance. It is not…
1Opinion of the Court
The CouRT (Morsell, J., doubting,)
was of opinion that the corporation had a right to pass such a by-law, under the power to prevent nuisances, and to superintend the health of the city; but reversed the judgments upon the ground stated in the following opinion, delivered by CRanch, C. J. (nem. con.)
On the 9th of August, 1831, five warrants were issued by Robert Clarke, Esq. against Ulysses Ward, at the suit of the mayor, board of aldermen, and board of common council of the city of Washington, for a penalty of $10 in each ease, “for that he the said U. W. did erect and use a brickkiln in the…
2Cases cited4 opinions
- Montalet v. MurraySupreme Court of the United States · 1807
- McIver v. WattlesSupreme Court of the United States · 1824
- Potter v. GardnerSupreme Court of the United States · 1831
- Clerke, in Error v. HarwoodSupreme Court of the United States · 1797
3Cited by4 opinions
- City of Sedalia Ex Rel. Ferguson v. Shell Petroleum Corp.Court of Appeals for the Eighth Circuit · 1936
- District of Columbia v. Washington Gas Light Co.Court of Appeals for the D.C. Circuit · 1911
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853