Taylor v. City of Owensboro
Court of Appeals of Kentucky
Case 47 — PETITION ORDINARY — APPEAL PROM DAVEISS CIRCUIT COURT. 1. The powers delegated to a city government are always to be strictly construed. (Wheatley v. Covington, 11 Bush, 174; Johnson v. Louisville, 11 Bush, 532; 7 Bush, 603.) 2. A city ordinance fixing a less penalty for any offense than that fixed by statute for the same offense is void.
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Case 47 — PETITION ORDINARY — APPEAL PROM DAVEISS CIRCUIT COURT. 1. The powers delegated to a city government are always to be strictly construed. (Wheatley v. Covington, 11 Bush, 174; Johnson v. Louisville, 11 Bush, 532; 7 Bush, 603.) 2. A city ordinance fixing a less penalty for any offense than that fixed by statute for the same offense is void. (Constitution of Ky., sec. 168.) 3. As appellant was tried for a violation of the ordinance and nothing else, and the ordinance was void, the court had no jurisdiction. 4. While the general doctrine is that a city is not responsible for injury…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The appellant instituted action against the city of Owens-boro, seeking to recover damages for an alleged unlawful arrest, conviction and confinement in the workhouse of the city.
It is alleged in the petition in substance that O. N. Pendle-ton is the judge of the police court of the city of Owensboro; that as such officer he issued a warrant against appellant, charging him with violating an ordinance of the city of Owensboro, denouncing a penalty for a breach of.the peace; that by virtue of the warrant the city marshal arrested him and carried…
2Cases cited2 opinions
- Pollock's administrator v. LouisvilleCourt of Appeals of Kentucky · 1877
- Jolly's Adm'x v. City of HawesvilleCourt of Appeals of Kentucky · 1889
3Cited by12 opinions
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
- Schwalk's Adm'r v. City of LouisvilleCourt of Appeals of Kentucky · 1909
- Hershberg v. City of BarbourvilleCourt of Appeals of Kentucky · 1911
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