New Decatur v. Berry
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This action was brought by Zeb .Berry, against the town of New Decatur, a municipal corporation organized under the general statutes in 1887; and was commenced on the 14th May, 1889. The complaint contained the common count for work and labor, and a count for services rendered by plaintiff, at .the instance of defendant, “as a police and quarantine officer, in the months of September, October, and…
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Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This action was brought by Zeb .Berry, against the town of New Decatur, a municipal corporation organized under the general statutes in 1887; and was commenced on the 14th May, 1889. The complaint contained the common count for work and labor, and a count for services rendered by plaintiff, at .the instance of defendant, “as a police and quarantine officer, in the months of September, October, and November, 1888.” The defendant filed several pleas, denying its liability, denying its employment of plaintiff, and…
1Opinion of the CourtMcCLELLAN, J.
“ It is a general and undisputed propo-. sition of law, that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable.” 1 Dillon Mun. Oorp., §89; Smith v. Mewbern, 70 N. C. 14; Cook County v. McCrea, 93 Ill. 236; Wetumpka v. Wetumpka Wharf Co., 63 Ala. 611; Eufaula v. McNab, 67 Ala. 590.
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2Cases cited4 opinions
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
- Cook County v. McCreaIllinois Supreme Court · 1879
3Cited by14 opinions
- Spear v. WardSupreme Court of Alabama · 1917
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- Cleveland School Furniture Co. v. City of GreenvilleSupreme Court of Alabama · 1906
- Colvin v. WardSupreme Court of Alabama · 1914
- Stokes v. City of MontgomerySupreme Court of Alabama · 1919
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