Miller v. Burch
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. David Sheeks. Among the powers conferred by the charter of the town of Bastrop upon its authorities was that of “ removing nuisances.” The appellants, Hiller and his wife, were the owners of some old buildings in the town, which had formerly been used as a livery stable, but which, being left unoccupied, had become dilapidated, and were resorted to as a “ sink.”
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Appeal from Bastrop. Tried below before the Hon. David Sheeks. Among the powers conferred by the charter of the town of Bastrop upon its authorities was that of “ removing nuisances.” The appellants, Hiller and his wife, were the owners of some old buildings in the town, which had formerly been used as a livery stable, but which, being left unoccupied, had become dilapidated, and were resorted to as a “ sink.” A petition of the citizens to the town council to have them removed as a nuisance was entertained by the town authorities, who declared the buildings a nuisance, and caused their town…
1Opinion of the CourtCaldwell, J.
The question is, whether the defendant, sued as a trespasser for pulling down and removing plaintiff’s livery stable, can shelter himself under an ordinance of the town council of Bastrop, which ordered the sale and removal of the stable as a nuisance ?
The question is well settled that a corporation can exercise no power not clearly delegated in the act of incorporation, or arising by necessary implication out of some delegated power. (Angel & Ames, on Corporations, 97.) An ordinance, therefore, not warranted by the charter, is void, and can furnish no justification to persons acting under…
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