Legal Opinion

Town of Danville v. Shelton

Supreme Court of Virginia

Decided March 30, 1882PublishedCited by 20 opinions

Appeal from decree of the circuit court of Danville, rendered 12th July, 1881, in suit of William jST. Shelton and others against the town of Danville and others.

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Appeal from decree of the circuit court of Danville, rendered 12th July, 1881, in suit of William jST. Shelton and others against the town of Danville and others. The council of that town, on 21st January, 1881, passed a tax bill on the same day it was introduced, containing an exemption of building associations, &c., from taxation, and imposing on every one engaged in purchasing leaf tobacco a tax of ten dollars and one per cent, on the capital employed, and fifteen cents on every thousand pounds purchased each month. Shelton and other citizens obtained an injunction, on the ground that the…

1Opinion of the CourtAnderson, J.

"We said in Ould & Carrington v. City of Richmond (23 Gratt. 467) that public corporations “have no inherent jurisdiction, like the State, to make laws or adopt regulations of government. They are governments of enumerated powers, acting by a delegated authority; so that, while the State legislature may exercise such powers of government, within the description of legislative power, as are not expressly or impliedly prohibited, the local authorities can exercise those only which are expressly or impliedly conferred, and such as are incidental, subject to such regulations as are annexed to the…

2Cases cited6 opinions

  1. In Re the Petition of George DouglassNew York Court of Appeals · 1871
  2. Orange & Alexandria Railroad v. City Council of AlexandriaSupreme Court of Virginia · 1867
  3. Clark v. CraneMichigan Supreme Court · 1858
  4. Marsh v. ChesnutIllinois Supreme Court · 1852
  5. Corbett v. BradleyNevada Supreme Court · 1871

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3Cited by20 opinions

  1. Almond v. GilmerSupreme Court of Virginia · 1949
  2. Newman v. City of EmporiaSupreme Court of Kansas · 1884
  3. Whiting v. Town of West PointSupreme Court of Virginia · 1892
  4. City of Asheville v. HerbertSupreme Court of North Carolina · 1925
  5. Hatfield v. MeersMissouri Court of Appeals · 1966

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