City of Helena v. Kent
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. S. O. Kent was convicted of violating an ordinance of the city of Helena, and he appeals from the judgment and from an order overruling a motion for a new trial. Mr. Justice Milburn, dissenting. Municipal corporations derive their powers from legislative grant.
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Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. S. O. Kent was convicted of violating an ordinance of the city of Helena, and he appeals from the judgment and from an order overruling a motion for a new trial. Mr. Justice Milburn, dissenting. Municipal corporations derive their powers from legislative grant. (1 Dillon’s Municipal Corporations, 4th ed., see 89; Reis v. Graff, 51 Cal. 86; Davenport v. Kleinschmidt, 6 Mont. 502, 13 Pac. 249; Bell v. Plattville, 11 Wis. 139, 36 N. W. 831; Dartmouth College v. Woodard, 4 Wheat. (H. S.) 518.) These powers are strictly…
1Opinion of the Court
ME. COMMISSIONEE POOEMAN
prepared the opinion for the court.
The defendant was accused in a police court of the city of Helena of violating an ordinance requiring him to keep the sidewalk in front of the premises occupied by him free from ice and snow. On. the trial before a jury he was found guilty, and from the judgment entered appealed to the district court, where the case was again tried to a jury, resulting in a verdict ■of guilty, and judgment was entered against the defendant. Defendant then filed his motion for a new trial, which was overruled. This appeal is from the judgment and from…
2Cases cited11 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- People v. . GillsonNew York Court of Appeals · 1888
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Flynn v. Canton Co.Court of Appeals of Maryland · 1874
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3Cited by28 opinions
- City of Carbondale v. BrewsterIllinois Supreme Court · 1979
- Rich v. RosenshineWest Virginia Supreme Court · 1947
- State Ex Rel. Great Falls Housing Authority v. City of Great FallsMontana Supreme Court · 1940
- Sharkey v. City of ButteMontana Supreme Court · 1916
- State Ex Rel. Altop v. City of BillingsMontana Supreme Court · 1927
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