Macy v. City of Indianapolis
Indiana Supreme Court
APPEAL from the Marion Common Pleas. The power of the common council is derived from the charter. It has no power except that expressly granted, or necessarily implied, in the charter; a'nd such power, to be valid and binding on the corporation, or third persons, must be exercised strictly according to the requirements of the charter. 8 Ind. 34; 1 Bill, (N. Y.) 545; 2 id. 466; 24 Barb.
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APPEAL from the Marion Common Pleas. The power of the common council is derived from the charter. It has no power except that expressly granted, or necessarily implied, in the charter; a'nd such power, to be valid and binding on the corporation, or third persons, must be exercised strictly according to the requirements of the charter. 8 Ind. 34; 1 Bill, (N. Y.) 545; 2 id. 466; 24 Barb. (S. C. B.) 427; 2 Sold. 92; 3 Denio, 249; 2 Dutch. 594. The common council have a grant' of exclusive power over the streets, &c., within the city. But this by no moans gives the power to do with them as they…
1Opinion of the CourtWorden, J.
Complaint by Maay and Turner against the appellees. Demurrer to the complaint sustained, and judgment for the defendants. The substance of the complaint is, that the common council of the city, in the year 1854, caused the grade of certain streets in the city to be established, and the side walks thereof to be graded and graveled. That the plaintiffs are each the owner of certain lots adjoining the-streets thus graded, which have been improved with reference to such grade; the buildings thereon having been erected, fences put up, side walks graded and graveled, and shade trees planted, with…
2Cases cited24 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Wood v. MearsIndiana Supreme Court · 1859
- Kyle v. MalinIndiana Supreme Court · 1856
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3Cited by38 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Cummins v. City of SeymourIndiana Supreme Court · 1881
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- City of Evansville v. DeckerIndiana Supreme Court · 1882
33 more not listed; retrieve them via the Exa API.