Mayor of Savannah v. Hussey
Supreme Court of Georgia
Certiorari, from Chatham Superior Court, before the Honorable W. B. Flemming, presiding Judge of said Court. At January Term, 1856. The defendant, Christopher Hussey, was convicted by the Mayor and Alderman’s Court of the city of Savannah, of the offence of harboring and enticing seamen, in violation of an ordinance of said city.
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Certiorari, from Chatham Superior Court, before the Honorable W. B. Flemming, presiding Judge of said Court. At January Term, 1856. The defendant, Christopher Hussey, was convicted by the Mayor and Alderman’s Court of the city of Savannah, of the offence of harboring and enticing seamen, in violation of an ordinance of said city. He excepted to said conviction, and by certiorari, brought up the proceedings and judgment of said Court, before the Superior Court of Chatham county. The case was heard by Judge Fleming, who, after argument, delivered the following decision, declaring the conviction…
1Opinion of the Court
*86 By the Court.
Lumpkin, J.
delivering the opinion.
Can a municipal corporation legislate criminaliicr upon a case fully covered by a State Law?
I am aware that decisions may be found to support the affirmative of the foregoing proposition. 1. Wend 237; 16 Ala. Rep. 400; 8 Ib. 515; Bay. Rep. 382; 11. Mo. 61; 12 B. Munroe 25. Without stopping to investigate the applicability of these precedents to the point under enquiry, I ask, what limit will you set to this power? If it may legislate by an ordinance for any one offence, may it not for every crime embraced within the penal code ? Arson in a town…
2Cited by29 opinions
- Jenkins v. JonesSupreme Court of Georgia · 1953
- Judy v. LashleyWest Virginia Supreme Court · 1902
- Moundsville v. FountainWest Virginia Supreme Court · 1885
- Callaway v. MimsCourt of Appeals of Georgia · 1908
- Hood v. Von GlahnSupreme Court of Georgia · 1892
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