Dargan v. Mayor of Mobile
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Johk E. Moore. The complaint in this case, to wbicb tbe court below sustained a demurrer, was as follows: “Tbe plaintiff claims of tbe mayor, aldermen and common council of tbe city of Mobile, a corporate body of tbe State of Alabama, $2,000 damages, for tbe loss and destruction of a slave named Henry, of tbe value of $1,500, tbe property of plaintiff; which said slave was killed and destroyed by tbe officers,…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. Johk E. Moore. The complaint in this case, to wbicb tbe court below sustained a demurrer, was as follows: “Tbe plaintiff claims of tbe mayor, aldermen and common council of tbe city of Mobile, a corporate body of tbe State of Alabama, $2,000 damages, for tbe loss and destruction of a slave named Henry, of tbe value of $1,500, tbe property of plaintiff; which said slave was killed and destroyed by tbe officers, servants, and agents of tbe defendants, while in tbe employment of said defendants, and in tbe performance of the business…
1Opinion of the CourtWalker, J.
— The corporation of the city of Mobile had authority to pass ordinances providing for the arrest and punishment of slaves abroad in the city, after nine o’clock at night, without written permission; or assembling in numbers' of four or more, off the owner’s premises, without the permission of the mayor or one of the aider-men. — See the charter of the city, in Pamphlet Acts of 1843-44, p. 180, § 15. This power was purely political in its character, and exclusively for the benefit of the public. As to that power, the corporation was a government, invperium in imperio. The employment of the…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Johnson v. Municipality No. OneSupreme Court of Louisiana · 1850
3Cited by39 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Brown"s Adm'r v. Town of GuyandotteWest Virginia Supreme Court · 1890
- Culver v. City of StreatorIllinois Supreme Court · 1889
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