Legal Opinion

Wadleigh v. Gilman

Supreme Judicial Court of Maine

Decided June 15, 1835PublishedCited by 20 opinions

This was an action of trespass, for breaking and entering the plaintiff’s close in Bangor, and taking down a certain building thereon standing. The defendants justified under an ordinance of the City government, prohibiting the erection of wooden buddings within certain limits in said City; one of the defendants being Street Commissioner, and the other City Marshall.

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This was an action of trespass, for breaking and entering the plaintiff’s close in Bangor, and taking down a certain building thereon standing. The defendants justified under an ordinance of the City government, prohibiting the erection of wooden buddings within certain limits in said City; one of the defendants being Street Commissioner, and the other City Marshall. It was admitted that, at the time of the passing of said ordinance, said building, which was built of wood, stood on a lot within the limits described in the ordinance; and that a few days before it was taken down by the…

1Opinion of the Court

Weston C. J.

'By the statute of 1834, incorporating the city of Bangor, the. inhabitants thereof are continued a body politic and corporate, by that name. And among other powers and privileges conferred upon them, they are authorized to ordain and establish such acts, laws, and regulations, not inconsistent with the constitution and laws of this State, as shall be needful to the good order of said body politic.

Without limiting and defining the extent of this power, it may be understood to embrace all necessary police regulations. These are essential to the well ordering of the body politic. It…

2Cited by20 opinions

  1. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  2. Baumgartner v. HastyIndiana Supreme Court · 1885
  3. In Re Spring Valley DevelopmentSupreme Judicial Court of Maine · 1973
  4. York Harbor Village Corp. v. LibbySupreme Judicial Court of Maine · 1928
  5. Kaufman v. SteinIndiana Supreme Court · 1894

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