Village of Carthage v. . Frederick
New York Court of Appeals
Appeal from judgment of the General Term-of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment of the County Court of Jefferson county in favor of plaintiff, which affirmed a judgment rendered in the Police Court of the village of Carthage.
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Appeal from judgment of the General Term-of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment of the County Court of Jefferson county in favor of plaintiff, which affirmed a judgment rendered in the Police Court of the village of Carthage. This action was brought to recover a penalty from the defendant for violating a municipal ordinance of the village of Carthage of which the following is a copy, viz.: “ § 29. It shall not be lawful for any owner, occupant, tenant, or any person having the charge or control of any…
1Opinion of the CourtVann, J.
A municipal corporation possesses not only the powers specifically conferred upon it by its charter, but also such as are necessarily incident to, or may fairly be implied from, those powers, including all that are essential to the declared object of its existence. (Le Couteulx v. City of Buffalo, 33 N. Y. 333; Ketchum, v. City of Buffalo, 14 id. 356; R. & N. F. R. R. Co. v. City of Bufalo, 5 Hill, 209; 1 Dillon on Mum. Corp. § 89; Angell & Ames on Corp. 346, 364; 2 Kyd on Corp. 149.)
An ordinance adopted by such a corporation, pursuant to authority expressly delegated by the legislature, has…
2Cases cited18 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- People v. . GillsonNew York Court of Appeals · 1888
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
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3Cited by109 opinions
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- People v. . HavnorNew York Court of Appeals · 1896
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- City of Rochester v. . WestNew York Court of Appeals · 1900
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
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