City of Waco v. Powell
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. A. J. Evans. The appellees, Powell and sundry others, sued out an injunction against the mayor and other corporate authorities of the city of Waco, to restrain them from enforcing the town ordinance known as the “ hog law,” against the hogs of the plaintiffs, allowed to go at large in the streets, and some of which had been seized by the city marshal in conformity with the directions of the ordinance.
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Appeal from McLennan. Tried below before the Hon. A. J. Evans. The appellees, Powell and sundry others, sued out an injunction against the mayor and other corporate authorities of the city of Waco, to restrain them from enforcing the town ordinance known as the “ hog law,” against the hogs of the plaintiffs, allowed to go at large in the streets, and some of which had been seized by the city marshal in conformity with the directions of the ordinance. The case came to trial at the Spring term (1869) of the McLennan District Court, when a jury was waived and the case submitted to the judge on…
1Opinion of the CourtMorrill, C. J.
That every man has a right to his own property, audio use it in such a manner and for such purposes *268as to him may seem best' calculated to promote his interest, pleasures or fancies, in a republican government, may be considered as a maxim of political economy as well as of law.
But as this holds true when applied to one man, it is no less true in its application to all men. Hence, a person living at such a distance from others as to have no intercourse or interference with their persons or property, could, use his property without restriction. But if his residence or business pursuits are in…
2Cases cited1 opinion
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
3Cited by11 opinions
- Ex Parte DuncanSupreme Court of Oklahoma · 1937
- Harper v. City of Wichita FallsCourt of Appeals of Texas · 1937
- Xydias Amusement Co. v. City of HoustonCourt of Appeals of Texas · 1916
- Crum v. BraySupreme Court of Georgia · 1905
- Geer v. ThompsonCourt of Appeals of Georgia · 1908
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