City Council of Montgomery v. Hutchinson
Supreme Court of Alabama
Error to the Circuit Court of Montgomery County. Before the Hon. G. D. Shortridge. Action on the case, for injury done by plaintiff in error, to the house of defendants in error. Plea, not guilty, 1. The legislature may, from time to time, in establishing police regulations, prescribe the manner of exercising individual rights over property.
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Error to the Circuit Court of Montgomery County. Before the Hon. G. D. Shortridge. Action on the case, for injury done by plaintiff in error, to the house of defendants in error. Plea, not guilty, 1. The legislature may, from time to time, in establishing police regulations, prescribe the manner of exercising individual rights over property. Yanderbilt v. Adams, 7 Cowen, 351. The legislature may therefore authorize any municipal authority to abate nuisances within its jurisdiction. Ib. 2. By its charter, the city council of Montgomery is authorized “to prevent and remove all nuisances, at the…
1Opinion of the CourtChilton, J.
It appears that the plaintiff in error, having by its charter “ the power to remove all nuisances at the expense qf the person causing such nuisance, or upon whose *575property it may be found,” &c. determined that the brick building on the west side of Commerce street, in the city of Montgomery, the property of Jonathan Hunt, was in a falling and dilapidated condition, rendering the passage oh the western side-walk dangerous, and it was resolved by the council, that as the agent of the owner of the building refused, after being duly notified, “to take cognizance of the pulling down the same,”…
2Cases cited1 opinion
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
3Cited by1 opinion
- Shelton v. Mayor of MobileSupreme Court of Alabama · 1857