Legal Opinion · Dissent

McNulty v. Connew

Indiana Supreme Court

Decided May 15, 1875Published

From the Judge of the Tippecanoe Circuit Court.

1DissentBiddle, J.

I dissent. I cannot agree with my brothers in the decision of this case.

I do not hold, of course, that an ordinance of the city of Lafayette can confer jurisdiction on a court or a judge; nor would I impair, or in the least weaken, the fixed principle of law, that a local and inferior court has no jurisdiction except such as is expressly granted, or is necessary in the exercise of the expressly granted powers. In the case before us, the judicial power of the municipality is expressly granted. There is no room for construction as to that. The only ground for interpretation is as to what…

2Cases cited11 opinions

  1. Brown v. BuzanIndiana Supreme Court · 1865
  2. Feaster v. WoodfillIndiana Supreme Court · 1864
  3. Glenn v. State ex rel. CloreIndiana Supreme Court · 1874
  4. Lerch v. EmmettIndiana Supreme Court · 1873
  5. Winterrowd v. MessickIndiana Supreme Court · 1871

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