Brannon v. City of Wilmington

We are aware of the line of cases holding that “when the penalty prescribed in the ordiance is in excess of that authorized by the charter, the ordinance is not void, and the penalty may be enforced to the extent that it does not exceed the lawful limit.” 19 R. C. L. page 812, title “Municipal Corporations,” section 17. But we are of the opinion that the ordinance in question, which provides for a penalty as high as $1000. is so in conflict with the express provisions of section 3628 of the General Code as to be void. Petersburg v. Metzger, 21 Ill. 205. New Orleans v. Costello, 14 La. Ann.…