Dillard v. Webb
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. Lutheb B. Smith. Tbis action was brought by A. W. Dillard, against John 0. Webb, to recover ñve bead of cattle, together with damages for their detention; and was commenced on tbe 13th May, 1874. Tbe only plea was non detinet, “with leave to give in evidence any matter that might be specially pleaded.”
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Appeal from tbe Circuit Court of Marengo. Tried before tbe Hon. Lutheb B. Smith. Tbis action was brought by A. W. Dillard, against John 0. Webb, to recover ñve bead of cattle, together with damages for their detention; and was commenced on tbe 13th May, 1874. Tbe only plea was non detinet, “with leave to give in evidence any matter that might be specially pleaded.” The defendant bad impounded tbe cattle on tbe 6th May, 1874, and, after public notice of tbe impounding, drove them into Demopolis, and there sold them, an hour or more after tbe writ in tbis case was served on him; and be defended…
1Opinion of the Court
STONE, J. —
“ Municipal corporations,” says Mr. Dillon, “ are bodies politic and corporate, * * established by law, to share in tbe civil government of tbe country, but chiefly to regulate and administer tbe local, or internal affairs of tbe city, town, or district, which is incorporated.” — 1 Dill. Mun. Corp. §9 b.
“ § 10. Corporations intended to assist in tbe conduct of local civil government, are sometimes styled political, sometimes public, sometimes civil, and sometimes municipal; and certain kinds of them, with very restricted powers, quasi corporations ; all these by way of distinction…
2Cases cited5 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- Intendant of Livingston v. PippinSupreme Court of Alabama · 1858
- Melody v. ReabMassachusetts Supreme Judicial Court · 1808
- Craig v. BurnettSupreme Court of Alabama · 1858
3Cited by21 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Champion v. McLeanSupreme Court of Alabama · 1957
- Sylcord v. HornSupreme Court of Iowa · 1917
- Moulton v. Building InspectorMassachusetts Supreme Judicial Court · 1942
- People Ex Rel. Pletcher v. City of JolietIllinois Supreme Court · 1926
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