Varden v. Mount
Court of Appeals of Kentucky
Case 19—PETITION ORDINARY APPEAL FROM OLDHAM CIRCUIT COURT. 1. The charter of the town of Lagrange confers no power upon its marshal to forfeit and sell hogs running at large in the town. 2. The ordinance is unconstitutional. It authorizes the marshal to take without notice and sell hogs running in the town. It provides for a forfeiture of property without a judicial trial.
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Case 19—PETITION ORDINARY APPEAL FROM OLDHAM CIRCUIT COURT. 1. The charter of the town of Lagrange confers no power upon its marshal to forfeit and sell hogs running at large in the town. 2. The ordinance is unconstitutional. It authorizes the marshal to take without notice and sell hogs running in the town. It provides for a forfeiture of property without a judicial trial. (Constitution of Ky., art. 13, sec. 12; Acts 1848-9, p. 194; McKee v. McKee, 8 B. Mon., 433j 5 Illinois Rep., 286; 35 N. Y. Rep., 309; 4 La., 97; 29 Miss., 247; 5 Ohio, 384; 22 Mo., 105; 6 S. Car., 404; 17 Wisconsin, 446;…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This action was instituted by appellant against appellees to recover the value of certain hogs, and damages for taking, alleged to have been converted by appellees. The answer sets up the fact that appellee, J. R. Mount, while marshal of the town of Lagrange, found the hogs in controversy going at large on the streets of said town, and that he caused them to be impounded, advertised, and sold, as it was his duty to do under an ordinance of said town, which reads as follows:
“That it shall be unlawful for hogs to run at large on the streets of said…
2Cases cited1 opinion
- Darst v. PeopleIllinois Supreme Court · 1869
3Cited by26 opinions
- Rossberg v. StateCourt of Appeals of Maryland · 1909
- Modern Loan Co. v. Police CourtCalifornia Court of Appeal · 1910
- Thompson v. Tobacco Root Co-Op. State Grazing DistrictMontana Supreme Court · 1948
- South Covington & Cincinnati Street Railway Co. v. BerryCourt of Appeals of Kentucky · 1892
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1897
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