McGraw v. Town of Marion
Court of Appeals of Kentucky
Case 109 — PETITION ORDINARY — APPEAL FROM CRITTENDEN CIRCUIT COURT. 1. The ordinance under which appellant was prosecuted is unconstitutional. (Daniel v. Trustees of Richmond, 78 Ky., 542; Fech-eimer Bros. & Co. v. City of Louisville, 84 Ky., 306.) ■2. The city is liable for the prosecution of appellant under the void ordinance just as an individual would he had he set the criminal law wrongfully in motion against an individual. (15 Am. and Eng.
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Case 109 — PETITION ORDINARY — APPEAL FROM CRITTENDEN CIRCUIT COURT. 1. The ordinance under which appellant was prosecuted is unconstitutional. (Daniel v. Trustees of Richmond, 78 Ky., 542; Fech-eimer Bros. & Co. v. City of Louisville, 84 Ky., 306.) ■2. The city is liable for the prosecution of appellant under the void ordinance just as an individual would he had he set the criminal law wrongfully in motion against an individual. (15 Am. and Eng. Enc. of Law, p. 1141; Prather v. City of Lexington, 13. B. Mon., 560; Newell on Malicious Prosecution, p. 387, sec. 19; Idem p. 218, sec. 99;…
1Opinion of the Court
JUDGE GUE'FY
delivered tiie opinion of tiie court.
This action was instituted in the Crittenden Circuit Court by the appellant, G. W. McGraw, against the town of Marion, seeking to recover damages in the sum of ten thousand dollars on acount of the arrest, imprisonment and injuries to appellant, growing out of the enforcement of an alleged unconstitutional by-law enacted by the authorities of said town.
The petition, in apt language, alleges the organization and incorporation of the town; the election and qualification of *675trustees, police judge, marshal, secretary and treasurer and prosecuting…
2Cases cited3 opinions
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Fecheimer Bros. & Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1886
- James' Adm'r v. Trustees of HarrodsburgCourt of Appeals of Kentucky · 1887
3Cited by14 opinions
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
- Ralph v. City of WenatcheeWashington Supreme Court · 1949
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