Legal Opinion

Southport v. Ogden

Supreme Court of Connecticut

Decided June 15, 1854PublishedCited by 16 opinions

This action was originally brought by the borough of Southport, an incorporated borough, in the town of Fair-field, against Horace Ogden, before a justice of the peace, and thence, by appeal, came before the county court.

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This action was originally brought by the borough of Southport, an incorporated borough, in the town of Fair-field, against Horace Ogden, before a justice of the peace, and thence, by appeal, came before the county court. The declaration alleged, that said borough was chartered by act of the genera] assembly of this state, at its May session, 1831, with the power of suing and being sued by its corporate name, and, with the further power of making by-laws within the limits of said borough, and of inflicting penalties for the breach of the same: and, among other things, by section 11th of said…

1Opinion of the CourtStorrs, J.

One of the questions, and the most important, presented in this case, is, as to the validity of the by-law on which this action was brought.

The plaintiffs were incorporated as a borough, in 1831, with the power, among others, of making by-laws, and enforcing them by penalties, relative to the improvement and preservation of the shell and scale fisheries within the limits of the borough. In 1842, and previous to the making of any by-law on this subject, the present general statute was enacted, by which it was provided, (with certain qualifications not applicable to the case before us,) that…

2Cited by16 opinions

  1. Shelton v. City of SheltonSupreme Court of Connecticut · 1930
  2. Molino v. Board of Public SafetySupreme Court of Connecticut · 1966
  3. Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
  4. Bingham v. LipmanOregon Supreme Court · 1901
  5. Ex parte SiebenhauerNevada Supreme Court · 1879

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