State v. Merrill
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shbplby, C. J., presiding. Complaint for violating an ordinance of the city of Portland, which provided, that “if any person shall mutilate or destroy any ornamental tree planted, or that may be hereafter planted in any of the streets, &o., he shall forfeit,” &c. The complaint alleged, that the defendant, at, on, &c., “ did mutilate and destroy a certain ornamental tree, then and there planted and being and growing in the street,” &c.
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On Exceptions from Nisi Prius, Shbplby, C. J., presiding. Complaint for violating an ordinance of the city of Portland, which provided, that “if any person shall mutilate or destroy any ornamental tree planted, or that may be hereafter planted in any of the streets, &o., he shall forfeit,” &c. The complaint alleged, that the defendant, at, on, &c., “ did mutilate and destroy a certain ornamental tree, then and there planted and being and growing in the street,” &c. To the complaint the defendant demurred generally. The Judge overruled the demurrer, and adjudged the complaint to be good, and…
1Opinion of the CourtHoward, J.
— -The city of Portland was authorized by its charter to “ ordain and publish such acts, laws and regulations, not inconsistent with the constitution and laws of this State, as shall be needful to the good order of said body politic; and impose fines and penalties for the breach thereof, not exceeding fifty dollars, for any one offence.” Special Acts of 1832, c. 248, § 1. Under this general authority, and subject to these restrictions, and certain statute regulations, it could establish all suitable ordinances for administering the government of the city, the preservation of the health of its…
2Cited by7 opinions
- Monroe v. City of LawrenceSupreme Court of Kansas · 1890
- State v. SugarmanSupreme Court of Minnesota · 1914
- Knox City v. ThompsonMissouri Court of Appeals · 1885
- County of Santa Barbara v. MoreCalifornia Supreme Court · 1917
- Hutchins v. LibbySupreme Judicial Court of Maine · 1953
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