City of Independence v. Trouvalle
Supreme Court of Kansas
Error from -Montgomery District Court. At the December Term 1873 of the district court, Trouvalle, as plaintiff, recovered a judgment against the City of Independence for $168, and costs, and execution was awarded on the judgment. The city appeals, and brings the case here. The facts are fully stated in the opinion. 1. That portion of the ordinance which gives the city marshal one dollar for each dog killed and buried is void.
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Error from -Montgomery District Court. At the December Term 1873 of the district court, Trouvalle, as plaintiff, recovered a judgment against the City of Independence for $168, and costs, and execution was awarded on the judgment. The city appeals, and brings the case here. The facts are fully stated in the opinion. 1. That portion of the ordinance which gives the city marshal one dollar for each dog killed and buried is void. The power to give compensation for killing dogs, cannot be derived from the authority conferred upon the city to regulate the compensation of the city marshal. (Laws of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On June 27th 1872 the city of Independence, a city of the second class, passed an ordinance, that no dog should be permitted to run at large in any public place in said city unless the owner of the dog should first pay to-the city a tax of one dollar for each male owned by him, and five dollars for .each female, and should cause a collar and check, which were to be provided by the city, to be worn by each dog. Said ordinance also made it the duty of the city marshal to kill and bury every dog found running at *73large in violation of said…
2Cited by5 opinions
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